A delivery driver who slipped and fell on the wet floor of a Dublin takeaway restaurant injuring his hip has been awarded €65,000 by the High Court.
Ms Justice Leonie Reynolds said Robert Egan, if anything, had downplayed his injuries when giving evidence to the court.
Mr Egan had worked part-time for Silvios takeaway at Templeogue Village, Templeogue, Dublin for eight years as a delivery driver dropping off orders to customers.
His Counsel, Declan Buckley SC, instructed by Shane O’Brien solicitor, told the High Court that judgement had been entered in the case last March in default of appearance and representative from the takeaway were not present in court for the case. The matter, counsel said, was before the court for assessment of damages only.
Robert Egan (40), of Orlagh Park, Knocklyon, Dublin had sued Maria Coletti trading as Silvios, a takeaway restaurant at Templeogue Village, Dublin as a result of the fall on September 25th, 2017.
It was claimed there was a failure to take any adequate care for the safety of Mr Egan and that there was a failure to manage or conduct work activities in a safe manner. It was also claimed Mr Egan was obliged and required to work in a dangerous and hazardous work environment and the floor where Mr Egan had the accident was allowed to be wet and slippery.
In evidence Mr Egan said he had finished deliveries and was putting back the delivery bag when he lost his footing and slipped.
He said he felt a nasty pain in his hip. He was shouting in pain and a co-worker helped him to a seat. He was later collected by a family member and brought home. Mr Egan said he had to sleep on the floor of the living room that night and the next morning he was taken to hospital by ambulance.
It was discovered after an X-ray that he had suffered a fracture to the neck of the femur at the right hip and he had to have open reduction surgery and screws inserted. He was unable to return to work at the takeaway and ended up on crutches for the rest of the year.
Mr Egan said he gave up his job and it was six months before he could return to normal activities. He said he never heard from the takeaway after the accident and there was no phone call ot see if he was alright.
Making the award, Ms Justice Reynolds, who had read the medical reports in the case, said there was a 10 per cent risk Mr Egan may need a hip replacement in the future. She said it was clear his injuries from the fall were in the moderate-moderately severe category and if anything, she said, Mr Egan downplayed his injuries.
The judge added she found it “somewhat unusual” that Mr Egan’s employer for eight years did not enquire as to how he was or when he was coming back to work after the fall four years ago.