Judge found painter-decorator was 40% liable for 2017 incident
Summerhill denied the claims and pleaded contributory negligence in that Mr Curley had, among other things, failed to watch where he was going and was standing on the countertop without permission.
He claimed that he was told by Summerhill managing director Jason O’Sullivan that there was “no problem” about standing on the countertop. The court also heard there was a dispute between the parties over whether the counter had been covered with black plastic by the defendant. He also concluded that Mr Curley probably raised the issue of standing on the counter and that Mr O’Sullivan replied in a relatively casual and offhand manner with “no problem”, or words to that effect.
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