A 46-year-old waiter, who was scalded by a coffee spill as he slept in a cinema, has withdrawn his €60,000 personal injuries claim against Vue Entertainment.
Judge James O’Donoughue heard in the Circuit Civil Court on Tuesday that Mark Earley had fallen asleep while watching a movie in Vue’s Liffey Valley cinema complex five years ago.
Counsel for Mr Earley, of Griffeen, Glen Wood, Lucan, Co Dublin, explained that while her client sat asleep in the cinema another movie goer spilled a scalding hot liquid into his lap.
The court heard that immediately following the incident Mr Earley suffered severe pain in his groin and down his leg and shortly afterwards had attended the Emergency Department of the nearby Hermitage Medical Clinic on Old Lucan Road.
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Mr Earley, in his damages claim, said he had been treated by Dr Termizi Hassan, who found he had redness and blisters on his left knee, right buttock and foot and on his left thigh. The injuries had been diagnosed as first and second degree burns and were treated with antibiotic cream.
Conor Kearney, counsel for Vue Entertainment Holdings, Barrow Street, Dublin 4, submitted to the court there could not possibly have been any negligence on the part of the cinema in a case where the plaintiff had fallen asleep and had been injured by someone spilling a liquid on him as they passed him.
Mr Kearney, who appeared with Ennis Solicitors for Vue, said it was his view no court could find negligence on the part of a defendant in such a case.
Asking the plaintiff’s legal team “where is the negligence?”, Judge O’Donoghue suggested both parties should discuss the question during a brief adjournment after which the court was told Mr Earley had decided to withdraw his claim which was struck out.
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