Man who lost finger hopping fence to catch Luas fails in damages claim
POLICY-holders will be left footing up to €50,000 in legal bills after a man who lost his finger from climbing a fence at a Luas platform lost his High Court action.
Mr Justice Michael Hanna said Michael Kelly had suffered a frightful injury and was entitled to sympathy but his case had to be dismissed.
Costs of the three-day action were also awarded to the Luas operators against Mr Kelly but the judge said he hoped they would not seek to pursue Mr Kelly for the legal costs bill.
Jim Malone, liability claims manager with Aviva, said: “We are happy with the result of Mr Justice Hanna. Unfortunately a significant amount of costs were incurred in the case which, in the circumstances of the individual in the case, we are unlikely to be able to recover.”
Mr Malone said their legal fees could amount to between €40,000 and €50,000, and that ultimately these costs will be paid by policy-holders through premiums.
On October 20, 2012, Mr Kelly – who wanted to get back into the city centre for his lunch – had seen a tram at Dundrum station on the Green Line and climbed up the four-foot high fence at the top of an embankment.
His ring snagged on the fence and his finger “degloved with his own body weight” as he jumped. He later had to have the finger amputated.
Mr Justice Hanna said it was likely Mr Kelly took a chance on what he thought was a shortcut and was aware he should not have gone that way.
The judge said the 43 year old said he had not seen the signs for the entrance to the Luas station, which was up a laneway, but he could have asked somebody.
“At no stage did he enquire what was the way to the station,” the judge added.
Mr Kelly, of Clare Village, Malahide Road, Co Dublin, had sued Luas operators TransDev Dublin Light Rail Ltd and Transport Infrastructure Ireland, claiming he had climbed steps which appeared to access the Dundrum Luas stop and there was a gate and a fence but it was locked.
The claims were denied and it that there was contributory negligence on the part of Mr Kelly who it was alleged attempted to access the Luas platform in a reckless and dangerous manner.
It was further alleged Mr Kelly took a dangerous and hazardous shortcut.