Judgment: 2005-01-25 · Court archive

High Court awards €109,000 after screen falls on woman at Cork hotel function

The court found that a screen fell on the plaintiff during an event at the West Lodge Hotel in June 2000 and entered judgment against the County Council. It did not award damages against the hotel.

The High Court · [2005] IEHC 15

Who, what, where, when and why

Who
  • Eileen O’Shea
  • Dr Pulle
What

The court found that a screen fell on the plaintiff during an event at the West Lodge Hotel in June 2000 and entered judgment against the County Council. It did not award damages against the hotel.

Where

Places mentioned in the report

  • West Lodge Hotel
  • Cork
When

Judgment:

Why

Reasons reported in the judgment

The plaintiff said a screen fell forward onto her shoulder and side, knocking her to the floor. The hotel manager, Eileen O’Shea, gave a different account: she said she heard a noise, turned around and saw the screens on the ground, with the plaintiff standing. Dr Pulle said he saw the screen fall on the plaintiff and helped lift her. The judge accepted that the screen fell on her and that she fell to the floor. He found on the balance of probabilities that it had been disturbed by activity behind it, possibly falling sound equipment, and was not stable enough to withstand the force.

The High Court awarded €109,000 to a woman injured when a screen fell on her at a function in the West Lodge Hotel in June 2000. Judgment was entered against Cork County Council, the second named defendant, rather than the hotel company, which was also sued.

The plaintiff was attending an event commemorating those who died in the Air India disaster. A screen had been set up to shield Indian dancers before they entered the function room. The council supplied two timber polling booths for use as screens, with fabric draped over them by the hotel. The plaintiff and some witnesses described the screens differently, but the judge said their precise type was not critical.

The plaintiff said a screen fell forward onto her shoulder and side, knocking her to the floor. The hotel manager, Eileen O’Shea, gave a different account: she said she heard a noise, turned around and saw the screens on the ground, with the plaintiff standing. Dr Pulle said he saw the screen fall on the plaintiff and helped lift her. The judge accepted that the screen fell on her and that she fell to the floor. He found on the balance of probabilities that it had been disturbed by activity behind it, possibly falling sound equipment, and was not stable enough to withstand the force.

The plaintiff reported pain and bruising, with more severe back and shoulder symptoms emerging days later. She underwent treatment over several years. An MRI showed rotator cuff impingement and bursitis, alongside degenerative shoulder changes. A radiologist said the accident had made the shoulder more prone to pain and discomfort, though it might have progressed more slowly without the trauma.

The plaintiff also claimed losses after closing a tourism consultancy business she had started in 1999. She said her injuries prevented her from travelling to trade fairs and servicing clients. The judge assessed business losses at €58,500, comprising €6,500 for 2000 and €13,000 for each of 2001 to 2004. He did not extend the award into later years, saying he expected her to return to gainful employment. The award also included €5,500 in agreed special damages, €35,000 for past pain and suffering and €10,000 for future pain and suffering.

The total judgment was €109,000 against the County Council. The judgment does not state an award against the hotel company.

Read the original court judgment

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