A civil servant who fell over cable wires on the floor of the office where he worked, and then fell against a desk, banging his chest and back, was awarded general damages of €64,000 by the High Court yesterday.
He claimed phone wires and cables to VDUs (visual display units) and printers in the office were "chaotic".
Mr Christopher Lynch, Knockane, Newcastlewest, Co Limerick, sued the Minister for Social, Community and Family Affairs, Ireland and the Attorney General arising from the incident at the Department of Social Welfare in Limerick on June 16th, 1997.
At the time, he was a higher officer in the Department's Special Investigation Unit.
Mr Lynch suffered injuries to his neck, back, arm and ankle, about which there was no dispute. It was also not disputed that he continues to suffer pain and would continue to do so.
Mr Justice Johnson said the real dispute in the case arose from the presence of an aortic aneurism discovered some time after the accident.
The judge had heard extensive medical evidence and concluded that Mr Lynch had failed to establish, on the balance of probabilities, that the aneurism from which he suffered was caused by the accident.
In a reserved judgment, Mr Justice Johnson awarded €80,000 in general damages to Mr Lynch but reduced this to €64,000 on the basis of finding Mr Lynch guilty of 20 per cent contributory negligence. Mr Lynch will also receive an amount to be worked out in respect of special damages for medical treatment and other items.
The judge said Mr Lynch had given a description of a chaotic nature regarding both telephone wires and cables going to the VDU and printers in the office and indicated this position had pertained for some six months.
Mr Lynch had complained to a superior on three occasions.
The judge was satisfied that, having regard to the condition of the room, the defendants were in breach of common law and in breach of statutory regulations in relation to the conditions of the office.
Mr Justice Johnson said that while Mr Lynch had communicated his complaint to his supervisor, he did not appear to have contacted the network unit (in the Department).
Under those circumstances, the judge added, he was satisfied Mr Lynch was guilty of some degree of contributory negligence, which he put at 20 per cent.