€95k for bar fall

A JEWELLER was awarded €95,000 in damages after he slipped on a staircase at the exclusive Residence club, where he had gone for a nightcap.

Michael McHale went to the private members’ club in Dublin city centre on December 5, 2009.

The court heard he had been attending a ball, and was going to the Piano Bar on the second floor of the St Stephen’s Green club for a nightcap with two friends. He had been a member of the Piano Bar for a year.

At 1am, he got up to go home. He said his right foot slipped on the narrow staircase leading to the first floor, causing him to fall down the stairs.

Ms Justice Mary Irvine noted an engineer gave evidence that the staircase was ‘completely defective’.

Mr McHale alleged the club owner, Missford Limited, which is in receivership, was negligent in failing to ensure a visitor did not suffer an injury due to a danger on the premises.

He claimed the hazard caused by the staircase had not been highlighted, there was no handrail on the outside of the stairs and the carpet which had been fitted was unsafe.

Ms Justice Mary Irvine said the proceedings came before her for an assessment of damages only. She said she did not have to deal with the issue of liability, as the case had been undefended and Mr McHale had obtained judgment in default of defence.

Judge Irvine said Mr McHale, from Chapelizod Road, Islandbridge, Dublin, had suffered a fractured right ankle in the fall, which required surgery on December 12, 2009. A plate and screws were inserted.

She said the wound became infected, and he had to be readmitted to St James’ Hospital on December 20, 2009. He was on crutches for five months.

He has required more surgery on the ankle since, and will have to have the metalwork removed at a later date.

She awarded him €65,000 in damages for pain and suffering to date, and €30,000 in compensation into the future

He had suffered a fractured right ankle

– a total award of €95,000 plus costs.

The setback is the latest for Residence which has endured a troubled history since its opening in 2008 by the Stokes twins, Simon and Christian.

Under their stewardship, Residence went into receivership in 2010 and the Stokes twins were labelled ‘delinquent directors’ by Judge Peter Kelly when he heard the twins had not been passing on tax deducted from employees of Residence to the Revenue, who were owed €1.2million.