A Co Kerry man, who injured his back while closing the gate at a friend's house in Dublin, has lost a £30,000 damages claim for personal injuries against Dublin Corporation.
Mr Joseph Johnson, of Carrigcannon, Lyrecrampane, Listowel, told Judge Kevin Haugh in Dublin Circuit Civil Court he was visiting a corporation-owned house in Ballyfermot on January 2nd, 1995. He had difficulty closing the ill-fitting gate when he wrenched his back.
Judge Haugh said the court had heard from witnesses that there had been difficulty in closing the gate for years and it had never been brought to the corporation's attention.
He considered the incident an unfortunate accident and felt it would be totally unreasonable to try to place liability on Dublin Corporation. Difficulty in closing gates was a common complaint and he could not see how the condition of this gate could be described as "a trap or hidden danger". He awarded costs against Mr Johnson.