A judge, who heard that a gym owner feared he would never be able to fly or tolerate confined spaces again after being stuck in a lift, was shown photos showing he had flown to Rome to propose to his partner and posed for photos. in a one-person sauna after the incident.
Judge Geoffrey Shannon, who was told in the Civil court that personal trainer Rob Smith had rejected an offer of €15,000 to settle his personal injury claim, and instead awarded the 39-year-old just over €10,000, including costs.
Smith, of Johnstown Place, Johnstown Road, Cabinteely, Dublin, claimed that after the June 2021 incident he suffered from claustrophobia, could no longer tolerate confined spaces and feared he would never be able to fly again.
Judge Shannon said the court had to take into account photographic evidence provided by barrister Conor Duff, counsel for defendant Infinity Lifts, Ennis, Co Clare.
The photos showed Smith striking a muscular pose after the incident in an enclosed one-person sauna and in Rome, where he had flown to propose to his partner in front of the Trevi Fountain.
Mr Duff told Judge Shannon that just days after a return flight from Rome, Smith had failed to tell a doctor about his trip.
Judge Shannon said the defendant had admitted that Mr Smith was trapped in a lift in his apartment building until a neighbor heard his cries for help and called the emergency services.
The court was asked to determine damages after Infinity Lifts admitted guilt in the case and Judge Shannon said Mr Smith, who he said was a real witness, had complained of nightmares and panic attacks.
The judge said the court struggled to reconcile Mr Smith’s photographic evidence on holiday and in the confined space of a single-person sauna with his issue of claustrophobia.
Mr Duff had asked the judge to award Smith no damages or a very small amount.
Judge Shannon rejected a suggestion from Smith’s lawyer that damages should range from €15,000 to €40,000. He said that under the compensation guidelines he had to take into account fairness and proportionality and set the damages at €8,250. He also awarded Smith his claim for costs of €2,394.70, bringing the total amount to €10,644.70.
Mr Duff told the court that Smith’s legal team had been written to on September 25, 2024, offering their client a settlement of €15,000. This was rejected and he requested that the judge limit the award of legal costs to the date of the settlement offer to which Judge Shannon agreed.
Leave a Reply