A man who fell and struck his head after working out in a gym has settled a High Court action for €925,000.
Chemical analyst Alan Hogan had been weight-training in the gym at St Michael’s Rowing Club, Limerick city, on January 31st, 2014, when he started feeling light headed, the court heard.
Moira Flahive SC, for Mr Hogan, said he was walking away from the area and got a leg cramp when on a step, lost balance and fell down on to a concrete floor.
Mr Hogan lost consciousness, suffered a brain bleed and had to spend 12 days in hospital.
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She said Mr Hogan, who was 24 at the time, had a degree in chemical and forensic science, but in the last eight years he has only been able to work in part-time jobs and he suffered from fatigue.
Through his mother Una Hogan, Mr Hogan (35), of North Circular Road, Limerick city, sued the Committee of St Michael’s Sporting Club, known as St Michael’s Rowing Club, with a clubhouse and registered address at O’Callaghan Strand in the city.
The settlement was without an admission of liability.
Ms Flahive told the court how the mats that would normally have been on the floor had been removed because the Shannon had been expected to flood.
She told the court it was their case that the step near the weightlifting area was an alleged danger and Mr Hogan had fallen on to an unprotected concrete floor.
Ms Flahive told the judge there were difficulties in the case including a claim that it was statute barred.
The club also contended that while Mr Hogan had been a member of the gym, at the time of the crash his membership had allegedly lapsed and he had been allowed in by somebody who knew him.
It was claimed against St Michael’s Rowing Club that there was a failure to design the gym, and in particular the weights area, with any reasonable care and there was an alleged failure to maintain the premises with any reasonable care.
It was further contended there was an alleged failure to maintain a safe floor surface and in particular to provide a floor that was soft footed or padded.
It was further claimed that there was an alleged failure to give any adequate warning that the floor was a danger.
The claims were denied.
After he fell on the floor, Mr Hogan was brought to hospital where a CAT scan showed a brain bleed. He was drifting in and out of consciousness and complaining of severe headaches. He recovered physically, but has a number of difficulties including ongoing fatigue.
Approving the settlement, Mr Justice Paul Coffey said he was satisfied there were stark issues in the case and in relation to liability.
In the circumstances, the judge said the settlement was fair and reasonable. He wished Mr Hogan man all the best for the future.
