Man who lost a finger after ring got caught in fence sues Luas operators
A man who claims he could not find the entrance to a Luas station and lost a finger as he tried to climb a fence when he saw a tram at the platform has sued in the High Court.
Michael Kelly’s ring got caught in the fence as he climbed over it to get to the platform at Dundrum Luas station on the Green Line six years ago.
His Counsel Robert Beatty SC told the High Court Mr Kelly had grabbed the top of the four-foot high fence and his finger “degloved with his own body weight.”
He later had to have the injured finger amputated.
Michael Kelly (43) Clare Village, Malahide Road, Co Dublin has sued Luas operators TransDev Dublin Light Rail Ltd and Transport Infrastructure Ireland as a result of the accident on October 20, 2012.
Mr Kelly claims he had climbed steps which appeared to access the Dundrum Luas stop and there was a gate and a fence but the gate was locked.
He claimed there was an alleged failure to have the lift operational at the Dundrum Luas which would have enabled him to access the station and platform and there was an alleged failure to take any or any reasonable care to see he would be reasonably safe in using the Dundrum Luas stop premises.
The claims are denied and it is claimed there was contributory negligence on the part of Mr Kelly who it is alleged attempted to access the Luas platform in a reckless and dangerous manner and he failed to access the Luas stop by way of a clearly marked and signposted public access route.
It is further alleged Mr Kelly took an alleged dangerous and hazardous shortcut to access the platform and that he allegedly used a means of access which was allegedly clearly blocked and prohibited to members of the public.
Opening the case Robert Beatty SC said Mr Kelly who had not used the Green line before had looked "high and low" for the Luas station entrance. Posters on a lamppost blocked the view of a sign for the Luas and Mr Kelly saw what he thought was an access point under the bridge at Dundrum.
In evidence, Mr Kelly said he tried the lift to the station platform but he thought it was out of order.
“I had never been on the Green line before. I thought the stop would be under the bridge," he said.
He said he walked on and he saw a goat path and climbed over one fence and thought there would be a gate at the top of the embankment.
As he went over the second fence which was about four foot high, he said: “I felt a tug, I lost all the meat off my finger."
None of this would have happened if I had seen the main entrance.
Cross-examined by David Nolan SC with Simon Kearns BL, Mr Kelly said he did not see the sign for the Luas and just kept walking.
The case continues before Mr Justice Michael Hanna.
