Man who got brain injury after Christmas fall settles case against relatives for €600,000

High Court reporters

A financial consultant who ended up with a severe brain injury after allegedly falling and fracturing his skull as he left a relative’s house on Christmas Day has settled a High Court action for €600,000.

Anthony O’Riordan had to be stretchered from the driveway of his sister’s house in Dalkey, Co Dublin, after it is thought he may have tumbled as he attempted to get into a taxi on the driveway.

Mr O'Riordan's counsel, Bruce Antoniotti instructed by Agustus Cullen and Law solicitors, told the High Court the pensioner, who is now aged 81, suffered a brain injury and has been left with cognitive deficits following the accident 12 years ago.

Mr Antoniotti said Mr O’Riordan had arrived at his sister’s house at 4pm on Christmas Day 2012 with his wife and daughter. He said the driveway to the house was sloped and there was a 9.5-degree slope where the accident allegedly occurred.

Almost four hours later the O’Riordan party were leaving and Mr O’Riordan helped his wife into the taxi and walked around the back of the car to get in the other side.

“He disappeared from view and appears to have lost his balance. We don't know what happened and Mr O’Riordan does not the incident. We don't know if he tripped, slipped or stumbled,” Mr Antoniotti said.

The most likely explanation was that Mr O’Riordan stumbled, Mr Antoniotti said. He noted that the wing mirror of the taxi car was broken off, which was consistent with somebody stumbling and grabbed the wing mirror.

Anthony O’Riordan, of Mount Merrion Avenue, Blackrock, Dublin, had through his wife, Hilda, sued his relatives Irene and Robin Hennessy, of Knocknacree Road, Dalkey, over the accident on Christmas Day 2012.

It was claimed he was negotiating the steep driveway and attempting to enter the taxi when he slipped and fell. Mr O'Riordan claimed there was a failure to ensure his safety, health and welfare while he was a guest on the premises and a failure to ensure that the cobble lock was cleaned down with a power hose to ensure it was free from any alleged buildup of biofilm, slime or other grime liable to leave the surface slippery particularly in the winter months.

It was further alleged that Mr O’Riordan hit his head and was unconscious for about 20 minutes. The skull fracture and brain bleed were later diagnosed in hospital and Mr O’Riordan had to have surgery. All the claims were denied.

Mr Antoniotti told the court that expert engineers on the O’Riordan side were not critical of the driveway slope and said the rough surface was safe. A year-and-a-half after the accident it was noted on inspection of the driveway that it was in pristine condition but one engineer had surmised about the alleged possibility of a biofilm where microbes grow on the surface.

Outlining the litigation risk, Mr Antoniotti said he had grave concerns and he could not say they would succeed if the case went to trial.

Approving the settlement, Mr Justice Paul Coffey said there was no evidence as to how Mr O’Riordan had fallen and there was no criticism of the slope by the engineers. Noting the litigation risk, the judge said the offer was fair and reasonable.

He said it must have been a very shocking event for the family and Christmas must now be a very difficult time for them.