Limerick Traveller who ‘fell into hole’ has damages claim thrown out

A JUDGE has dismissed the case of a Traveller who claimed he fractured two bones in his hand when he “fell into a hole” at the halting site where he lives.

Francis Casey, 26, of Bay 1, Clonlong, Southill, sued Limerick City and County Council for damages arising out of an incident which happened on February 9, 2015.

In evidence at Limerick Circuit Court, he told his barrister Philip Moloney he was walking to his father’s home at around 9pm when the accident happened.

”I fell into a hole, I hurt my hand,” he said adding it was pitch dark at the time as the lighting at the halting site was not working.

When asked to describe exactly what happened, the plaintiff replied: “I tripped over and I hurt the top of my hand.”

After Mr Casey pointed to the knuckle area of his right hand, Mr Moloney interjected and informed the court that his client “boxes” and is “into martial arts”.

Judge Sean O’Donnabhain noted this and commented that the barrister had taken the words “out of my mouth”.

The plaintiff attended St John’s Hospital the day after the incident where he was x-rayed and had a back-slab applied.

Mr Casey, who complained of pain and tenderness, said he still suffers from some pain and that he still “can’t lift heavy things”.

Being cross-examined by barrister Thomas Wallace O’Donnell, representing the council, the plaintiff insisted he had fractured his wrist in the fall and that it was not as a result of any previous incident.

However, Mr O’Donnell put it to the witness that he had sustained the injuries some years earlier and that the x-ray taken after the fall was the same as x-rays which were taken at various times over the preceding three years.

Mr Casey accepted his hand was hurt a number of years earlier when he received a “belt of a baton” from gardai but said he had no problems for a “long long time”.

Mr O’Donnell submitted there was no evidence before the court that he sustained the injuries as outlined in court papers. 

He put it to Mr Casey that medical reports suggested he has “excellent use” of his two hands and that no issues were identified regarding his ability to flex and extend his fingers.

“There were no new fractures,” he said to which Mr Casey replied: “I hurt my hand.”

Dismissing the claim, Judge O’Donnabhain said he did not believe the injuries outlined could have been sustained in such a fall.

He noted there was no evidence that Mr Casey had broken any bone and he commented that he was familiar with the halting site.

The judge awarded the local authority its costs.