A man who claims he has had pain since he allegedly slipped on a floor of the Co Clare pub where he worked has told the High Court he “walks through the pain”.
On the second day of Maurice Durnin’s action against Cogan’s Bar and restaurant, Milltown Malbay, video footage taken by a private investigator for the bar showed Mr Durnin at various times in the last few years walking his dog, going to hospital appointments, filling up his car at a petrol station and shopping in a supermarket.
Padraig McCartan SC, for the defendant, put to Mr Durnin that he is capable of doing “an awful lot more than you say”. Mr Durnin replied that he would not “give in” to the pain and does his best.
Counsel asked why, when he visited doctors, Mr Durnin was wearing an ankle brace and using a crutch but did not when out on walks and shopping. Mr Durnin replied that he “wears them at times”.
When counsel said no limp was to be seen anywhere in one of the videos, Mr Durnin said: “I have been told to walk, so the ankle does not seize up I have to push my way through it”.
Breakfast
Mr Durnin (71), a former bar worker of Banteer, Co Cork, has sued James Cogan the owner of Cogan’s Bar and restaurant, Main Street, Milltown Malbay, as a result of the accident on March 3rd, 2009 when he was working as a waiter.
He claims he slipped on an allegedly wet floor and turned over on his right ankle as he served breakfast to two customers. He alleges failure to ensure the floor was in a safe condition and says he is now disabled in certain day to day activities.
All the claims are denied and the defence has also pleaded negligence on the part of Mr Durnin who it is claimed did not look where he was walking.
It is further alleged, if the floor was wet, which is not admitted, that Mr Durnin failed to clean up and dry it in an appropriate manner.
During the hearing on Thursday, Ms Justice Bronagh O Hanlon warned both sides “the stakes are high” and said she hoped there will be more than legal research done overnight, if there is “wisdom”.