A 24-year-old woman who cut her big toe in a swimming pool while on holiday in Cyprus has been awarded more than €16,000 damages in the Circuit Civil Court.
Ms Emer O'Reilly, of Kilcross Road, Sandyford, Co Dublin, said the accident happened during a two-week holiday with Budget Travel at the Panelia Hotel Apartments, Ayia Napa, Cyprus, in July 2001.
She told her counsel, Mr Michael Byrne, she had gone for a swim on the second day of her holiday, and as she kicked away from the deep end of the pool her right big toe had struck broken tiles. She said there was blood in the pool, and she immediately went to reception seeking help.
"The receptionist didn't want to know," she said. "The restaurant manager drove me to a clinic where I received 12 stitches on the sole of my toe." She told Mr Byrne she had been unable to socialise for the remainder of her holiday. The clinic had refused to supply her with crutches, and she had been unable to get around the holiday complex until a local woman had given her crutches.
Ms O'Reilly, who wore a pair of black runners to court, said that as a result of the stitching at the Cyprus clinic she had been left with a proud piece of flesh under her big toe which continuously gave her the impression she had a pebble in her shoe.
Most of the time she now wore runners, and could wear fashion shoes only with difficulty and for short periods.
"Any fashion shoe which restricts my toes in any way still causes me pain, but you can't go weekend clubbing or to the pub in runners," she told Mr Shane English, counsel for Budget Travel. She said she had been given permission by her employer, Dundrum Credit Union, to wear runners to work.
Judge Elizabeth Dunne said liability had not been denied by Budget Travel, and it was obvious that Ms O'Reilly's holiday had effectively been ruined from the second day.
Awarding her €16,035 damages, Judge Dunne said Ms O'Reilly still experienced difficulty with her toe three years after the accident.