A company director who sued after slipping and fracturing his ankle at the start of a ski holiday in France has settled his High Court action.
Darren Clarke had sued an Irish ski operator after he claimed he fell and dislocated his right ankle when he had to walk with his luggage on snow- and ice-covered streets at his resort in Chamonix, France to retrieve the key for his accommodation.
Mr Clarke (43), Friarsland Avenue, Goatstown, Dublin, had sued Tony Collins Agency Limited with registered offices at Jervis House, Jervis Street, Dublin, and trading as Directski. com.
The claims were denied and, in its defence, the travel company contended Mr Clarke was the author of his own misfortune and was wearing inappropriate footwear.
On the third day of the hearing of the damages claim, the court was informed the matter was settled and could be struck out. The details of the settlement are confidential.
During the hearing before Mr Justice Kevin Cross, Mr Clarke told the High Court he was pulling a wheeled suitcase and had two bags, including one with his ski boots, at about 10pm on a night in January 2016 when he slipped.
Mr Clarke, who was in a French hospital for three days and had to get an air ambulance home, claimed he was not able to work for a number of months after the incident. He claimed he had €102,000 in losses as a result. The defendant contended if there were any losses, it would be in the region of €9,000.
The court heard Mr Clarke booked a package holiday for January 2016 with flights into Geneva, Switzerland and transfers to his accommodation in the Chamonix Valley as well as ski lift passes and equipment rental.
He claimed when he got the bus transfer to Chamonix, he and his cousin were dropped off at a certain location and told their accommodation was “right over there.” He claimed they could not access the accommodation and they had to walk to another address with their luggage to get reception and a key.
It was alleged during the walk Mr Clarke slipped and fell on ice.
It was claimed there was an alleged failure to transfer Mr Clarke directly to his accommodation and the men had been dropped off at the alleged incorrect location. It was further claimed Mr Clarke had been allowed to walk at a time and place when it was unwise, unsafe or dangerous to do so given his absolute lack of knowledge of the location or directions to his accommodation.
He had to wear a leg cast and was on crutches after the incident. It was further claimed that arising out of the accident he was greatly restricted in meeting and dealing with his customers and his business allegedly suffered a discernible reduction in turnover and consequent loss of profit for the year.
The claims were denied.