The High Court awarded Catherine McKinnon €100,000 in damages for injuries she suffered in a fall at the Thai Orchid restaurant in Navan in 2011. The award was made after the court assessed damages; liability had been established earlier when judgment was entered against the defendant by default of appearance.
Mr Justice Michael Hanna delivered the written judgment on 12 April 2021, following a remote hearing on 18 March. McKinnon, then living in Prince Edward Island, Canada, gave evidence from her home. Her daughter Michelle also testified. The defendant, Frank Mullen, represented himself.
The court heard that McKinnon was visiting Ireland with family in May 2011. After a meal at the restaurant, she fell while negotiating an ornamental bridge on the premises, striking her left side. She initially left with the party, but later collapsed in a nearby pub in Dunshaughlin and was taken by ambulance to hospital. She underwent a left hip hemi-arthroplasty for a fracture of the neck of her left femur. A left shoulder fracture was diagnosed later, after she returned to Canada.
The judge found that the injuries had significantly reduced McKinnon’s mobility, independence and enjoyment of life. She now uses a walking frame and stick, receives home help and relies on her children for some assistance. Her left shoulder limits how high she can raise her arm.
The court also considered her osteoporosis and a right hip replacement in 2016. McKinnon attributed the right hip problems to compensating for her left-side injury, but the medical evidence did not support that connection. The judge said her age and the unrelated right hip condition would also have affected her activities and lifestyle. He noted that, because judgment had already been entered against Mullen, he could not rely on matters that were essentially defences to liability.
Taking account of the lasting impact of the left hip injury and the less significant shoulder injury, the court awarded €50,000 for pain and suffering to date and €50,000 for future pain and suffering. No special damages were claimed, bringing the total award to €100,000.
The court did not determine costs in this judgment. The case was to be listed within seven days of the judgment’s electronic delivery for a further remote hearing to deal with outstanding matters, including costs.