Software engineer settles over brain injury allegedly caused by fall after leaving pub

The High Court was told that the settlement in the case is against the owners of a public house and guesthouse in Westport

David Foley, it was claimed, fell down over 15 feet to concrete below and suffered multiple injuries. Picture: Collins Courts

A software engineer who claimed he suffered a severe traumatic brain injury after he fell through an alleged gap in a stone wall as he walked along a street in Westport has settled his High Court action.

David Foley, it was claimed, fell down over 15 feet to concrete below and suffered multiple injuries. He had been at a local pub and the chipper and was on the way back with friends to a house outside the town when the accident happened at Quay Street, Westport, 11 years ago.

On the second day of the hearing on Thursday, after several hours of talks, Mr Justice Paul Coffey was told the case had been settled. The details of the settlement are confidential.

At the opening of the case, his counsel Michael Byrne SC instructed by David O’Riordain, solicitor, told the court that Mr Foley has had a complete personality change since the accident. Before it, counsel, said "the sky was the limit" for Mr Foley in relation to his work in computer programming, but he has not worked since the accident after midnight on August 19, 2012.

The claim, Mr Justice Paul Coffey was told, included one for loss of earnings “at a very significant level” to date, and into the future.

David Foley (48) of Pearse Road, Sligo, had sued Michael and Geraldine Foy the owners of McCarthy’s Lodge, a public house and guesthouse at Quay Street, Westport, Co. Mayo. Mr Foy has since died.

It was claimed during previous development work that a stone wall was partially demolished and it was alleged the level of the wall at the point where it adjoins the public house and guesthouse was allegedly left lower than the original wall and was an alleged tripping hazard.

On Thursday, Mr Justice Paul Coffey was told that the settlement in the case is against the Foys. The settlement, the judge heard, is based on an apportionment of 60% liability against the Foys.

Mr Foley also sued Mayo County Council as well as Sheelagh Ryan, now deceased, of Church Street, Westport, the owner of lands adjacent to and bounded on one side by the public house and guesthouse premises. Mr Justice Coffey was told that those two claims could be struck out.

Noting the settlement and the strike out of the two proceedings, the judge praised the sides for reaching agreement and said it was a challenging and complex case.

The court had previously heard that a number of issues had to be determined, including whether the gap constituted a trip or hazard; who owned the wall and where exactly and why did Mr Foley fall.

Contributory negligence was also alleged against Mr Foley including that he had allegedly consumed alcohol to such an extent that it allegedly impaired his judgement, gait and perception.

His counsel told the court Mr Foley admitted drinking a number of pints on the night of the accident, but he was not intoxicated.

Philip Prescott from Essex, England, who was with Mr Foley on the night said they went to a pub for three or four hours and had about five or six drinks before leaving at 11.30pm. 

He said on the walk home David, who was slightly behind him, “disappeared.” Mr Prescott said he could not see anything, but could hear groaning.

Counsel for the Foys put it to the witness that it was their case that Mr Foley was severely intoxicated. Mr Prescott said he disagreed saying Mr Foley "did not appear to be severely intoxicated”.