A pub doorman who claimed he was injured while on duty has settled his High Court action against his former employer.
Garrett Frampton, of St John’s Park, Waterford, sued Heffsa Ltd, which operated the Cleaboy pub in Waterford when the incident occurred in April 2016. The claim was fully denied.
Mr Frampton alleged that while working as part of security in the Cleaboy on April 17th, 2016, he suffered an incomplete spinal injury when three young patrons fell on top of him when they burst through a door in the pub during a fight with others.
The trio, the court heard, had been drinking all of that Sunday afternoon and were told they would no longer be served after they started “messing” in the smoking area.
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Mr Frampton, who had just come on duty for the evening, told them he would drive them home as he knew one of them and they only lived five minutes away. He left them to pick up their coats but while they did so they got into a fracas with a family in the pub.
While Mr Frampton was waiting near the front door, an inner door suddenly burst open and the trio “piled out” and landed on top of him, causing him to hit his head. He got up and decided to get the trio out and into his car as quickly as possible to prevent the situation from escalating.
After returning to the pub, he found he was in pain which got worse over the evening and he left early.
Subsequently, he underwent spinal decompression surgery which he said was not successful. He said he continues to suffer pain in his legs and has difficulty walking, among other things.
The court heard he previously had spinal decompression surgery as a result of an injury sustained while working in a factory in 2005.
In his action against Heffsa, he claimed, among other things, there was a failure to provide a safe place of work. The defendant denied liability, causation of the injury and the facts alleged.
Mr Frampton had completed his direct evidence and was due to be cross-examined when the parties began talking.
Struck out
On Wednesday, Michael Counihan SC, for Mr Frampton, told Mr Justice Micheál O’Higgins that following the talks the parties had resolved their differences. He asked the judge to strike out the claim with Mr Frampton’s legal costs to be adjudicated upon in default of agreement.
Counsel said there was a significant dispute between the medical experts about the cause of the accident. The defendant’s consultant said it was clear his previous accident had made him vulnerable while Mr Frampton’s consultant said his condition was caused by the pub injury.
Had the court preferred the defendant’s expert’s evidence, it was clear there would have been very little left in the action, he said.
Liam Reidy SC, for the defendant, asked the court to note the case was being settled for reasons of liability and causation on the basis that it represented one-third of the value of the claim.
It should also be noted that this was for the purpose of the defendant paying the State for the recovery of benefits paid to Mr Frampton as a result of the accident, he said. The settlement was also without admission of liability.
The judge welcomed the settlement and struck out the case.
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