A man who tripped and hurt his left foot as he crossed a road in Cobh has sued Cork County Council in the High Court claiming he has persistent pain since the accident six years ago.
Brian O’Donovan, who asked a judge to assess compensation, claimed he later developed complex regional pain syndrome, which is a chronic pain condition and his foot pain around his left ankle has got worse and is constant.
The Cork computer technician lodged a substantial claim which included damages for loss of opportunity but also the €26,000 cost for an automatic car because he has pain driving a manual car; €480 monthly for hydrotherapy treatment – though the court heard he is not able to get in a pool at the moment – as well as payment to his wife for past and future care.
Ms Justice Reynolds, who also heard Mr O’Donovan from Glanmire, Co Cork, was seeking €40 a month so that a man can cut his grass for life, remarked at one stage that she was taken by surprise and said the “concept of duty to mitigate one's losses" was being completely ignored in the case.
Mr O’Donovan (54), of Glyntwon, Glanmire, had sued Cork County Council over the fall on what he said was an uneven road surface near the junction of East Beach and Lynch’s Quay in Cobh on August 25th, 2018.
Opening the case, his counsel, Elizabeth O’Connell SC, said Mr O’Donovan crawled to the side of the road and was brought to hospital by ambulance. A fracture of a bone in his lower leg was diagnosed and he got a cast and was referred for orthopaedic follow up.
She said in November that year, Mr O’Donovan developed a blood clot which was believed to be due to his immobilisation after the accident, and he spent seven days in hospital.
Counsel said liability was admitted in the case which was before the court for assessment of damages only.
She said pain and a limp are a constant feature for Mr O’Donovan and the injury has had a profound effect on him.
Evidence
In evidence, Mr O’Donovan said he did not dispute he suffered a minor break but “from such a small incident it created a different pattern to my life.”
Cross-examined by Lorraine O'Sullivan SC for Cork County Council, he agreed he was not detained in hospital for the foot injury.
He said the pain has progressed in a negative way and “in 2019 it was not in as bad a way as it is now.” He said he is unable to walk properly and he can’t push a petrol lawnmower.
Ms O'Sullivan put it to him that he was asking for €40 a month for somebody to come and cut his grass for lif . He agreed.
When she told him there were lawn mowers that “that will now do it for you”, he said he had three different gardens. Ms O'Sullivan said he could get a robotic lawnmower and sit on a deck chair and watch and he didn’t need to pay a person to come and cut the lawn.
Mr O’Donovan said “when you put it like that, no.”
Ms O'Sullivan also questioned him about a request for hydrotherapy at a cost of €480 per month when he said in evidence he could not get into a pool.
The witness said he did not know when he would be able to get in a pool but at present he could not do it, but if it is recommended he hopes to try.
In relation to the claim for an automatic car, Ms O'Sullivan said Mr O'Donovan had told the court it was extremely painful driving home from work in his manual car, but why did he not during that time use his wife’s automatic car.
“It’s my wife’s car, not mine,” he said. After talks outside court, Ms Justice Leonie Reynolds was told late on Wednesday afternoon that the case had been settled.
