A pet shop owner has told the High Court a woman did not trip on the lip of a door in his store but over her own dog's lead as her pet ran through her legs.
Kieran Stenson, owner of Petzone, Coolock, Dublin claims Carole Vickery did not trip on the lip of a security door runner but over her Glen of Imaal terrier she had brought into the shop's groomer to have its nails clipped.
Mrs Vickery (61), Adare Drive, Coolock, Dublin sued Petzone Ltd, Coolock Village and Mr Stenson over the accident in August 2014. She claims she broke her leg and was hospitalised for some time as a result of the accident.
The defendants deny negligence.
Witness
Pharmacist Jennifer Rigney, who was working on the day of the accident in her pharmacy directly opposite the pet store, told the court on Wednesday that she looked out the window and saw Mrs Vickery stumble after she tried to avoid stepping on her dog which had run in front of her.
On Thursday, Mr Stenson, who is the landlord of Ms Rigney's pharmacy as well as of a number of other units in Coolock Village, said he witnessed the accident and "the dog was responsible for her injuries".
He said he had been in the post office unit, where he is also post master, when he saw Mrs Vickery go into the pet shop grooming parlour.
He said he could see a bit of activity with the dog, and he went over to see if everything was okay".
Mrs Vickery, he said was leaving, and he held the front door of the pet shop open for her as it was a heavy door.
"She turned round and headed out the door and the dog was on a leash held by a gentleman. The dog had seen her going and ran out after her between her legs and the leash tripped her up", he said.
He heard the man holding the leash saying: "That bloody oul dog, it's a bloody nuisance, or words to that effect".
Asked by his counsel Miriam Reilly SC about evidence given by Mrs Vickery's son that the dog was not even on the ground when his mother fell, Mr Stenson said he saw the groomer handing the dog over to the man and the dog darted out the door while on the lead.
What her son said was "totally incorrect", he said.
Cross-examined by David McGrath SC, for Mrs Rigney, on why he had not revealed as part of the pre-trial process the fact that the pharmacist had provided a note about the accident a day afterwards, Mr Stenson said he could not remember what he had said as part of pre-trial discovery as it was years after the accident.
He considered there was only a "slight difference" between what he said in evidence about Mrs Vickery falling over the leash and what had been claimed in his defence that the dog went through her legs and she fell.
Counsel put it to him that the pharmacist had been described as an independent witness but what she was in fact was Mr Stenson's tenant. "Yes", he replied "and she is a very good one".
He disagreed with evidence given by the Vickerys that he was not in the shop at all at the time.
Mr Justice Tony O'Connor said he would give his decision on Friday.
