A businessman who suffered "catastrophic brain damage" after he fell from a stairs in Waterford City Hall while at a Chamber of Commerce dinner is to receive £800,000 and costs under the terms of a settlement approved by the High Court yesterday.
Mr Liam Butler (51), of Ormonde Crescent, Lismore Lawn, Waterford, was injured on April 11th, 1997.
His action for damages was against Waterford Corporation, which subsequently secured a High Court order joining Waterford Chamber of Commerce as a third party in the proceedings.
The hearing opened yesterday and was settled in the afternoon.
Mr Liam Reidy SC, for Mr Butler, said the accident would not have happened if the stairs banister had been the appropriate height. His client, who was more than six feet tall, fell onto the floor below and was deeply unconscious when brought to hospital.
He could only communicate with hand signals, had difficulty swallowing, was doubly incontinent and would require constant care for the remainder of his life.
At the time of the accident he was earning £35,000 a year.
When the settlement offer was announced to the court, Mr Reidy said the full value of the case, allowing for deductions and the fact that Mr Butler's life expectancy as a result of the accident could be reduced by 25 per cent, was about £1.6 million.
But even if the court accepted the low handrail was the proximate cause of the accident, that still left open the risk of contributory negligence against Mr Butler for not being careful going down the stairs, counsel said.
That might result in a finding of one-third contributory negligence on the part of Mr Butler, reducing the expected value of the case to £1.1 million. In that context he had to look at the offer of £800,000, Mr Reidy said.
His concern was that the court might not hold that the proximate cause of the accident was the handrail.
If Mr Justice O'Higgins had thought counsel had not discharged the onus of proof then he would be risking £800,000 in the hope of getting £1.1 million, Mr Reidy said.
Mr Justice O'Higgins said his feeling was that the offer should be accepted because there was a risk factor that he might not go along with Mr Butler's lawyers about the location of the accident. Mr Justice O'Higgins approved the settlement and entered judgment for £800,000 and costs.
He adjourned further matters for a week.