The facts of this case suggest that above settlement was a very successful outcome.
The Plaintiff in this case had organised a 50th birthday party for her husband in a local football club. Upon leaving the premises at 2am after drinking 10 pints she fell in a pothole and broke her ankle.
The case was heard before Judge Linnane in Dublin Circuit Court. The Court heard that the Plaintiff was taken to hospital by ambulance and fitted with a below-knee plaster of paris backslab to her right leg. She also had a boot brace and crutches for a period of six weeks.
Counsel for the Plaintiff told the Judge that the club had entered a full defence in the case and pleaded contributory negligence on the basis that the Plaintiff had consumed 10 pints of beer prior to her accident.
Counsel for the Defence claimed that the Plaintiff was a member of the defendant football club and that, under law, her case would not be successful if the Court found she was a member of the club, as club members can not sue themselves. Counsel for the Plaintiff advised the Plaintiff’s husband was an active club member and had at some stage filled an undated application form for her to become a social member.
Judge Linnane said the issue of membership would have to be determined as a preliminary issue and adjourned the matter to allow the parties to determine the legal issue. During this period the matter was settled for the sum of €38,000 and the case was struck out.
TIERNAN & CO SOLICITORS IS A MEMBER OF THE DUBLIN SOLICITORS BAR ASSOCIATION AND THE LAW SOCIETY OF IRELAND