A party guest who sustained severe leg injuries when she fell on to a broken urn at a Co Fermanagh castle has lost her case for £100,000 in damages.
Leanne Brown (33) suffered deep lacerations in the incident at Belle Isle Castle, where she attended a masquerade ball to mark a friend's birthday in November 2013.
Mrs Brown sued Abercorn Estates, owners of the Lisbellaw venue, for alleged negligence in failing to secure the ceramic pot to its stand.
A High Court judge dismissed the case in which heard Mrs Brown was injured while reaching to close a window.
"She has not persuaded me that anything else occurred other than that she leant heavily against the jardiniere and then fell horizontally against it, causing the upper part of it to fall onto the ground, where it broke, and then she fell on the broken pieces," Mr Justice Stephens said.
Chill
Mrs Brown described how she attempted to close an open window in the dining room after feeling a chill. The urn, a Victorian piece dating back to between 1850-1875 and weighing 38kg, was located on a base in the window bay.
Mrs Brown claimed that as she stretched up, putting body weight on the pot, it slid off the stand and she fell to the ground. She recalled looking down and seeing the exposed bone in her leg afterwards.
According to the judge, Mrs Brown’s life was saved by the intervention of another guest who applied a tourniquet.
Lawyers for Mrs Brown claimed the defendant was guilty of negligence and breach of statutory duty. They contended that steps should have been taken to secure the urn, potentially with cable ties.
With total damages in the case agreed at £100,000, the court battle centred on liability. As well as contesting the lawsuit, Abercorn Estates originally sought to recover £2,500 in damages from the plaintiff for her alleged negligence in causing the urn’s breakage. That counterclaim was later abandoned.
Ruling on the case, Mr Justice Stephens described aspects of her evidence as vague. Medical notes and records of accounts shortly after the incident contained no reference to closing a window. Instead, the court heard, they supported the proposition that she fell against the urn.
The judge also noted an account from the castle’s manager that Mrs Brown’s husband had been apologetic and offered to pay for the damage.