Councillor settles action after falling down a lift shaft

Basement was dark at time of accident, court told

A COUNCILLOR who fell down a lift shaft while being shown around a building by an estate agent has sued for compensation in the High Court.

Publican and Independent councillor Fergus Kilcoyne, 53, was exploring a dark basement, lit only by the light on his mobile phone, when the accident happened.

His counsel said Mr Kilcoyne fell two metres down the unguarded lift shaft, fracturing his shoulder and causing him ongoing pain.

The Limerick councillor had taken his case against the owner of the premises and the estate agents, along with a construction company working on the site, claiming they failed to take reasonable care for his safety.

In particular, he claimed they failed to cover over, fence in or protect the exposed lift shaft, or to provide adequate lighting. Plaintiff: Cllr Fergus Kilcoyne

The case was settled and was struck out for an undisclosed sum of damages shortly after it was opened.

Judge Kevin Cross was told that as part of the settlement, Mr Kilcoyne would bear one-third of the liability for the accident, while the defendants took twothirds of the blame.

Opening the case, Paul Burns SC said his client Mr Kilcoyne, from Patrickswell, Co. Limerick, had been viewing an unfinished building at the Westbury Centre, Corbally Road, Limerick, in 2006, with a view to making it his new pub and restaurant.

‘The plaintiff viewed the ground floor and the first floor, and there was sufficient light from the windows, given that it was 11.30am in June,’ he told the court. He also needed to see if the basement area was suitable for storage, the court heard.

Mr Burns said the basement was dark. Mr Kilcoyne tried to use his mobile phone to light the way, while his wife and the agent remained on the stairs.

‘The estate agent gave the plaintiff no warning or advice that there were dangers there, in particular that there was an unguarded pit,’ counsel said.

‘The plaintiff put his foot into the void of the lift pit and fell. As he went down, he tried to reach out to the edge of the pit to stop himself. He was unsuccessful and struck his shoulder, elbow and buttock.’

Mr Kilcoyne’s wife took him to hospital, where it was discovered he had fractured his shoulder.

Mr Burns said his client’s ability to conduct his work had suffered. He said Mr Kilcoyne had stood for election to Limerick City and County Council in 2014 for Fine Gael, but had been unsuccessful. He stood as an Independent earlier this year and was elected.

The case was taken against the owners of the premises, Frank and Margaret Keating, of Mill Road, Corbally, as well as estate agent Lizpat Properties, of Barrington Street, Limerick, and construction firm Frank McGrath Construction Ltd, of Upper William Street, Limerick.

Following talks, Mr Burns told the judge that the case had settled and could be struck out. He said costs would be paid by the estate agency.

Judge told case could be struck out