A MAN has been awarded €94,000 in damages at the High Court over injuries to his left foot suffered when a large flower pot urn fell on it. The incident happened just after Martin Walsh (62) had left his daughter to Sinatra’s night club in Wexford town just before Christmas 2006.
Making the award yesterday, Mr Justice Vivian Lavan said he found Mr Walsh a genuine, reliable witness and accepted his evidence in full. The judge said he had considered the medical reports and accepted Mr Walsh sustained a severe crushing injury to his foot at the time of the accident on December 23rd, 2006.
Liability was conceded in the action and was before Mr Justice Lavan for assessment of damages only.
Mr Walsh, Columbia Close, Rockingham, Western Australia, had brought the action against Ashbury Taverns Limited, trading as Sinatra’s nightclub in Wexford.
Gerry Tynan SC, for Mr Walsh, said his client was born in Ireland but had left when he was two or three years of age.
He had brought his daughter to the nightclub on the night in question and was leaving it when the accident occurred. It was claimed the defendant allowed or permitted a large urn to become dislodged from a pillar and to fall on Mr Walsh’s foot.
He had suffered a crushing injury to his left foot and continued to have problems with it, including a constant ache, Mr Tynan said.