A party game involving a ring being thrown into the air as a prize at an Ann Summers lingerie party was akin to a bridal bouquet being thrown and did not require a risk assessment, an engineer has told the High Court.
Sean Walsh was disputing professional evidence called on behalf of Sylvia Deehan to the effect that a risk assessment should have been carried out in relation to some of the activities at an Ann Summers lingerie party held at the Lough Inn, Loughlinstown, Dublin, on January 21st, 2011.
Ms Deehan alleges she injured her ribs as a result of being shoved aside by another woman who was lunging for the ring and her counsel argued she is entitled to both exemplary and compensatory damages because “false evidence” was given about her.
However lawyers for the pub insisted Ms Deehan’s claim “flies in the face of common sense” and should be dismissed.
Mr Justice Max Barrett has reserved judgment on the action by Ms Deehan (46), a mother of two of Maple Avenue, Ballybrack, against Loughlinstown Inn, trading as the Lough Inn pub at Loughlinstown.
Claims
The pub has denied claims by Ms Deehan she suffered injuries as a result of being pushed by another woman who was trying to grab a prize, described "as a ring that goes around a certain part of a man", which was thrown into the air by an Ann Summers representative.
The incident allegedly occurred during a “ladies night” in the bar before a performance by the Hunks of Desire male stripper troupe. Dublin Circuit Court dismissed the claim last June and Ms Deehan has appealed that decision to the High Court
In closing arguments for Ms Deehan, Mark De Blacam SC said this was “an unfortunate case” where one side was “telling lies”. The pub contended Ms Deehan did not fall in the pub and she was asked to leave the premises that night, he said.
One independent witness, David Carraher, a DJ who was working in the pub that night, had told the court he saw Ms Deehan fall and injure herself in the pub, counsel said.
Evidence from some staff working at the bar that night about Ms Deehan was not independent and was “highly improbable”, he submitted. Because “false evidence” and lies were told to the court about Ms Deehan she was entitled to “exemplary” and compensatory damages, he argued.
Joe McGettigan SC, for the pub, said the claim against it was “ludicrous” and flew “in the face of common sense” in relation as to how people socialise.
Credibility
He questioned the credibility of evidence tendered on Ms Deehan's behalf and said the onus was on her to prove negligence. She had failed to do that and her action should be dismissed, he said.
Earlier, Mr Walsh, an engineer who compiled a report for the pub, rejected evidence tendered on Ms Deehan’s behalf to the effect a risk assessment should have been carried out at the pub relating to an event such as an Ann Summers party.
Risk assessments are carried out for large or unusual events, not for smaller, regular events held in pubs or hotels, Mr Walsh said. The throwing of the prize at this Ann Summers event was “a similar situation” to a bride throwing her bouquet at a wedding reception.
Ms Deehan claimed, as she went for the prize, she was shoved aside by another woman and fell against the leg of a loudspeaker, injuring her ribs.