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Irishpainter  (Level: 153.9 - Posts: 224)
Fri, 12th Mar '10 1:48 PM


If you see this man coming your way be afraid be very afraid or at least have you chequebook handy lol

A man who took a High Court case against Eircom for alleged negligence after he fell over a manhole has agreed a settlement.

The court heard that Gerard McWilliams had previously brought more than a dozen personal injuries actions.

Mr McWilliams, 52, Bawnlea Close, Tallaght, Co Dublin, works as an addiction counsellor and a taxi driver.

He brought proceedings arising out of injuries he claims he suffered to his ankle and knee.

The court was told that in the 1990s alone, he was involved in 10 accidents.

This morning at the High Court, on what was to be the second day of the hearing, Justice Vivian Lavan was informed that the action had been settled.

No details of the settlement were revealed to the court.

Yesterday, Mr McWilliams, who was described by his counsel as being accident prone, said that another judge once described him as being either 'the luckiest or the unluckiest man' in Ireland, due to being involved in accidents that, he said, were not his fault.

In his action against Eircom, Mr McWilliams claimed that at around midnight on 28 March 2003 he twisted his ankle on the edge of a P&T steel cover located beside the kerb outside his home.

He claims that the company was negligent and in breach of duty of care towards him in its maintenance, repair, upkeep and supervision of the manhole cover and the area around it.

The claims were denied.

Mr McWilliams told the court that the accident occurred when he was removing plants from the boot of his car.

He said he was in immediate pain, and was eventually taken to hospital in Tallaght.

He was released from hospital and his ankle was put in a strap. However he complained of ongoing pain and discomfort. Following reviews from an orthopaedic surgeon he was fitted with a plaster cast.

Mr McWilliams told the court that his ankle is 'still not right' and that suffers from 'uncomfortable pain'.

'Holistic approach'

Because of the nature of his work as an addiction counsellor, Mr McWilliams said that he tried not to take strong pain killers and adopted a more holistic approach to his condition.

Under cross examination from Barney Quirke for Eircom, Mr McWilliams denied that the injuries he sustained were his own fault. He told counsel 'I don't go looking for holes.'

When Mr McWilliams was asked if he had been involved in 13 to 14 previous personal injuries actions, he said that he may have been involved in 10 or 11 such cases arising out of accidents that 'were not my fault'.

Mr McWilliams said in response to counsel that it was probable that he brought proceedings out and received compensation arising out of road traffic accidents including ones that occurred in 1990, 1992 when his car was hit by a drunk driver, 1995 and 1996, 1997, 1999 and 2001.

Over the years, Mr McWilliams said he suffered injuries to his neck, knees, and back.

Mr McWilliams said it was probable that he brought proceedings as a result of falling and injuring himself in a neighbour's driveway in 1991, for which he received around IRĀ£10,000 and for bring a case against a bakery as a result of being allegedly food poisoned at a bakery, and for injuries he sustained while out jogging in 1987.

However Mr McWilliams said he could not remember the details of most the actions that the defence had claimed he had been involved in.

Dizzy  (Level: 180.7 - Posts: 296)
Fri, 12th Mar '10 1:54 PM

Glad I dont drive in Ireland LOL

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