A man who claimed he broke his wrist when the Cork-Dublin train became "airborne", has lost a €38,000 damages claim against Irish Rail and was ordered to pay the rail company's legal costs.
Edward Kearney (57), of Lloyd's Lane, Dominick Street, Cork, told Dublin Circuit Civil Court he was carrying two beakers of coffee between carriages when the train "jumped and became airborne".
Mr Kearney told Jeri Ward, counsel for Irish Rail, he had been thrown into the air and had landed on his backside. He put out his right hand in an attempt to save himself.
Mr Kearney said he had attended a conference in Dublin on the day, October 26th, 2001, but had to leave to attend St James's Hospital.
There were long queues in the accident and emergency unit and he had taken the advice of a nurse that he would be better having his injury seen to at home.
At the Mercy Hospital, Cork, X-rays revealed his wrist had been broken. His arm had been put in a cast for six weeks. He still felt pain in his wrist, especially when he attempted to open screw-topped jars.
When cross-examined, Mr Kearney told Ms Ward he had suffered an ear injury in an explosion in Canada 20 years ago and "would not be as stable as the ordinary person". Ms Ward said she was not calling evidence on behalf of Irish Rail and asked for the claim to be dismissed.
Michael Whitley, of Gleann na Rí Green, Cork, told the court he had seen Mr Kearney fall when the train had jolted. He said he would not attempt to carry a beaker of coffee in each hand as he passed through the narrow corridor which links train carriages.
Circuit Court president Mr Justice Matthew Deery said the corridor linking carriages on trains could be unstable but he had not heard any evidence supporting Mr Kearney's claim that the train had jumped or had become airborne. Initially Mr Kearney had claimed to have slipped on the train.
Dismissing Mr Kearney's claim, he said he had failed to prove any negligence on the part of Irish Rail.
When Ms Ward told the court Mr Kearney had several previous accidents for which he had received substantial compensation, Mr Justice Deery ordered him to pay Irish Rail's legal costs, an estimated €5,000.