Posted: June 19th, 2021
Injury compensation of €25,000 has been awarded to a building site foreman who was injured in an accident where after a shampoo dispenser crushed one of his big toes at a well known luxury Dublin hotel.
During the trial at the Circuit Civil Court, , Judge James McCourt was informed that 38-year-old Mark Gallagher had just finished working out at the gym in the The Marker Hotel, located at Dublin’s Dockland, and was in the process of washing himself in the shower. Unfortunately as he was doing this the shampoo dispenser in the shower cubicle he was using came apart from the wall fitting and landed hard on the big toe on his right foot. Due to the injuries he sustained in the accident Mr Gallagher can no longer play football and golf.
Barrister Conor Kearney, for Gallagher, told the court Mr Gallagher lives in Cashel, Achill Island, Co Mayo, and travels up and down to his work in Dublin.
Judge McCourt told those present in the courtroom that “Although he has been greatly discommoded by his injury he hasn’t made a song and dance about it and is now doing a more sedentary job within the building trade”.
Appearing on behalf of his client alongside Tiernan Solicitors, Mr Kearney informed the Judge that Mr Gallagher had been using the gym in the hotel at Grand Canal Quay, Dublin, on March 9, 2017 when the accident took place.
As he was reviewing damages in relation to the accident in question, Judge McCourt said medical reports produced for the legal action indicated that Mr Gallagher had, unbeknownst to himself, been suffering with undetected arthritis in his right big toe before the accident took place. The judge said Mr Gallagher’s medical advisers believed it may be necessary for him to have fusion procedure to assist with the pain in his toe.
However, the arthritis in question had been made worse in the accident involving the shampoo dispenser which was classified as a crush injury. Liability in the legal action was admitted by the legal representatives for the Marker Hotel.
Categories: Construction Worker Injury Solicitor