A man who claimed he had been left with a brain injury after he tripped and fell in a car park at night has settled his High Court action for €1 million.
James O’Sullivan (32), a care assistant, fell between 12 and 20 feet on to wasteland, suffering a head injury, after tripping on the base unit of fencing at the Muddy Hill car park, Mallow, Co Cork, the High Court was told.
His counsel, Gerry Healy SC, told Mr Justice Kevin Cross liability was an issue in the case surrounding the nature of the injury.
Mr O’Sullivan of Pencil Hill, Hazelwood, had sued Mallow Town Council; Denis Murphy, St Joseph’s Road; and Kilpatrick Civil Engineering, trading as Dan Casey Plant Hire and Groundworks, with offices at Kilpatrick, Ballyclough.
He was in the car park on December 10th, 2007, when, during the hours of darkness, he tripped and fell over a base forming part of a fence near the park boundary, it was alleged. He was taken, unconscious, to hospital.
He claimed the car park was unsafe and dangerous and there was failure to provide any or any adequate or proper lighting.
Mr O’Sullivan claimed he subsequently developed symptoms of forgetfulness and developed post-traumatic epilepsy and post-traumatic stress disorder. It was alleged he suffered a profound neurological impairment as a result of the incident.
All the claims were denied by the defendants.