A partygoer who allegedly fell when he stayed at a colleague’s house after an office night out has settled his High Court action for €550,000.
Edmund O’Shea (61), of Ballitore, Athy, Co Kildare, suffered a head injury and was left with a serious and permanent disability in the incident in December 2012.
He sued Eithne Hobbs, the work colleague in whose home he stayed, and David Doyle, who also attended the office party and stayed at the house afterwards.
It was claimed in court that Mr O’Shea was intoxicated and others thought that he was sleeping off the effects of drink when he was found at the bottom of the stairs in the hallway of the house.
Ms Hobbs claimed she was not liable for any alleged injury sustained during the hospitality shown to what she alleged was a drunken fellow worker who had been offered a bed for the night.
Mr Justice Kevin Cross, approving the settlement, noted it was only one-tenth of the full value of the case.
It was claimed that there was a failure to call an ambulance or other medical assistance following Mr O’Shea having fallen at Ms Hobbs’s home in Riverchapel Close, Courtown Harbour, Gorey, Co Wexford.
There was also an alleged failure to note he was unconscious, bleeding from the head and seriously injured. He further claimed there was a failure to take proper care of him and that he was in an intoxicated state when he arrived at Riverchapel Close.
Mr Doyle, in his defence of the action, denied the claims and alleged that considerable amounts of alcohol were consumed at the work party.
Mr Doyle claimed when he got up the next morning at the house, he found Mr O’Shea at the bottom of the stairs and he believed he was “sleeping off” the effects of the alcohol consumed the previous evening.
Mr Doyle and Ms Hobbs, it was claimed, were under pressure to leave to go to work but Ms Hobbs was reluctant to leave Mr O’Shea alone in her residence.
Mr O’Shea, it was claimed, having failed to wake up, was placed in his car outside the house so that when he woke up he could drive home.
Ms Hobbs claimed that she remained genuinely concerned for the welfare of Mr O’Shea and checked with a neighbour if he had driven away.
She claimed she then contacted Mr O’Shea’s work manager, who went to the house and Mr O’Shea was transferred to hospital.
Mr O’Shea later underwent a craniotomy.
Approving the settlement, Mr Justice Cross said it was a “close to hopeless case from a legal point of view”.
He added that the legal teams had done well to get the settlement.