A software engineer who claimed he suffered a severe traumatic brain injury after he fell through an alleged gap in a stone wall in Co Mayo has settled his High Court action.
David Foley (48) allegedly fell more than 15ft on to concrete and suffered multiple injuries in the 2012 incident. He had been at a local pub and a chipper and was on the way back with friends to a house outside of Westport when the incident happened at Quay Street.
After several hours of talks on the second day of the hearing on Thursday, Mr Justice Paul Coffey was told the case had settled on confidential terms.
At the opening of the case, Mr Foley’s senior counsel, Michael Byrne, instructed by David O’Riordain solicitor, told the court his client has had a complete personality change and has not worked since the fall on August 19th, 2012. The action included a claim for loss of earnings “at a very significant level”.
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Mr Foley, of Pearse Road, Sligo, had sued Michael and Geraldine Foy, the owners of McCarthy’s Lodge of Quay Street, Westport. Mr Foy has since died.
It was claimed that, during previous development work, a stone wall was partially demolished and the level of the wall at the point where it adjoins the public house and guesthouse was left lower than the original wall and was a tripping hazard.
Mr Justice Coffey was told that the settlement is against the Foys and is based on an apportionment of 60 per cent liability against them.
Mr Foley also sued Mayo County Council and 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 claims, the judge praised the sides for reaching agreement in what was a challenging and complex case.
The court 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 Mr Foley fell.
Contributory negligence was also alleged against Mr Foley including that he had allegedly consumed alcohol to such an extent that it impaired his judgement, gait and perception. His counsel told the court that Mr Foley admitted drinking a number of pints on the night, but that he was not intoxicated.