Friday, March 03, 2023

High Court reporters

A chef who claims he injured his knee when he allegedly slipped and fell on stairs at the five star The Shelbourne Hotel has settled a High Court action.

Arkadiusz Perzyna had been carrying a tray of shallot and carrot puree to a basement kitchen at the luxury hotel in St Stephen’s Green, Dublin when he claims he tripped and fell forward down four steps.

His counsel Gabriel Gavigan SC instructed by Maguire McClafferty solicitors told Ms Justice Carmel Srewart on the second day of the hearing on Friday the matter had been compromised and could be struck out.

Knee injury

When the case opened, Mr Gavigan told the court the 45-year-old sous chef now can’t run after he suffered a nasty tear injury to his knee.

Counsel said it was their case that there had been multiple previous complaints by co-workers in advance of the fall about the condition of the stairs.

Counsel said when his side sought discovery of documents from the hotel side in relation to those complaints, there were no documents of previous complaints and CCTV did not cover the part of the stairs where the sous chef allegedly fell.

The hotel, counsel said contended the chef could have used the lift, but the sous chef was too busy and guests, patrons and other employees all used the lift, Mr Gavigan said.

Arkadiusz Perzyna of Annfield Lawn, Castleknock, Dublin had sued Torriam Hotel Operating Company Ltd trading as The Shelbourne Hotel, St Stephen’s Green, Dublin as a result of the alleged fall five years ago.

It was claimed the steps were allegedly caused to be defective and were allegedly broken up and uneven and had alleged defective nosing strips.

It was also claimed there was an alleged failure to heed multiple previous complaints from the hotel employees in the relation to the condition of the steps.

All the claims were denied and the hotel further denied that the sous chef tripped.

It further denied there was a lip on the stairs which was allegedly caused by a combination of an alleged defect in the step and an alleged raised defective nosing strip on the step.

The hotel also claimed that Mr Perzyna was the alleged author of his own misfortune and had allegedly failed to pay appropriate attention while descending the stairs.

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