€1m settlement for man injured in car park fall

Four Courts, Dublin

30 January 2015

A 32-YEAR old man who claimed he had been left with a brain injury after he tripped and fell in a car park at night has settled his High Court action for €1m.

James O'Sullivan fell between 12 and 20ft on to wasteland after tripping on the base unit of fencing at the public car park.

It happened at Muddy Hill in Mallow, Co Cork, over seven years ago, the court heard.

The care assistant fell over into a wasteland and suffered a head injury.

Mr Justice Kevin Cross was told liability was an issue in the case surrounding the nature of the injury.

Mr O'Sullivan of Pencil Hill, Hazelwood, Mallow, claimed that on December 10, 2007, he was in the car park when he was caused, during the hours of darkness, to trip and fall over a base unit forming part of a fence near the boundary of the car park.

He further claimed the car park was unsafe and dangerous and there was an alleged failure to provide any or any adequate or proper lighting.

Mr O'Sullivan, who was 25 years old at the time, also claimed he subsequently developed symptoms of forgetfulness as well as post-traumatic epilepsy and post-traumatic stress disorder.

It was alleged he suffered a profound neurological impairment as a result of the accident.

He had sued Mallow Town Council, Denis Murphy of St Joseph's Road, Mallow, and Kilpatrick Civil Engineering Ltd, trading as Dan Casey Plant Hire and Groundworks with offices at Kilpatrick, Ballyclough, Mallow.

Mr Justice Cross approved the €1m settlement.

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