A man who took a claim for compensation for a “chipped ankle” after a fall in what he says was an open drain in a Navan housing estate could not explain the absence of references to a fracture in a report by his doctor. The man, John Stokes, formerly of Townspark, Navan and now living at Johnstown brought a civil claim for damages at Trim Circuit Court against Meath County Council. Mr Stokes told the court that he suffered the injury while walking to his home “about 11 or 12pm” after being out having a few drinks with his friend on 3 rd March 2019. He said that he put his foot into an uncovered drain on the estate.
He said that after the fall he jumped up immediately but couldn’t stand and was very sore. He was taken to Navan hospital A&E where he was put on painkiller straight away and was X-rayed. He was given a boot pumped with air to cushion his foot. Afterwards he had difficulty going up stairs or playing with his children.
Cross-examined by barrister David Martin for Meath County Council who asked whether he knew the Townspark estate had been “completely done up” by the county council in 2014, Mr Stokes said he was unsure of that. He also said that his wife drove him around at that time because “I was just finishing up a 15-year ban”.
He also told the court that on the night of his accident he had his dinner at 5pm and his wife then dropped him off at 7pm to meet his friend John Stokes at Navan halting site where they had a chat, played cards and had a few drinks. He was then walking home, a 20-minute journey. He was not too sure of the time of the accident, maybe after 10 or 11”. The council’s barrister said the hospital notes said Mr Stokes had arrived at the hospital at 4.35am. Mr Martin said that a sheet from the hospital written by a doctor had recommended physiotherapy “but there is no reference whatsoever to a fracture”.
Asked by the barrister what had happened to him a week later, 11 th of March, he replied that he had been in an accident in Navan when his wife was driving and another vehicle went into the side of their car. He also said that he had been involved in a “car chase” when he was followed by Gardai.
The barrister said the plaintiff had fallen down the stairs in 2020 and in 2021 had gone to the hospital complaining of a fall and injuring his left knee. “Were you unstable?”, the barrister asked. “No problem, thank God”, Mr Stokes replied. Asked where he had taken a fall in in 2021 he said he was not sure and couldn’t remember.
A barrister for Mr Stokes said that in an application made by his client to the Personal Injuries Assessment Board it was very clearly stated that there was “an ankle fracture”. Following a two-hour hearing Judge Mary O’Malley Costello was told that Mr Stokes’ claim at the court was being withdrawn.
