It emerged that Padraig Keegan (49), from Pearse Court in Athlone, was extremely drunk, had been told to leave the area and was running along flood defences when the incident occurred.
Mr Keegan had taken a case against Westmeath County Council to the High Court — where there is no limit on how much money can be awarded — for injuries he sustained when he fell in The Strand in Athlone on December 14, 2015.
However, as the case got underway in Galway, Mr Keegan’s own barrister John Shortt SC said he had advised his client to withdraw the case after a number of issues became apparent ahead of the hearing.
Padraig Keegan (left) fell during the disaster in Athlone
The court heard witnesses were set to give evidence which would not have helped Mr Keegan’s case and due to his inebriation on the night, his recollection of events “may have been somewhat compromised”.
Mr Keegan was not helping with flood defences and had been told to leave the area before he fell.
Mr Shortt said that on the night of the incident “Athlone was beset by flooding of a biblical nature” which “caused the Shannon to burst its banks”.
As a result, several groups of volunteers descended on the area near the river to help out with things like pumping water and putting up sand bags.
Barriers and warning signs were also in place.
“It was effectively a no-go area. Anyone with any modicum of common sense would realise that,” Mr Shortt said.
He said Mr Keegan had gone out at 7pm that night to socialise.
“Not being a teetotaller [Mr Keegan], a lot of drink was consumed.”
Afterwards, he went down to the Strand where volunteers were continuing their work and Keegan spotted two volunteers who he knew.
Flooding at Burgess Park
“Full of Christmas joy, he went to chat with them,” he said.
Mr Shortt said if the case went ahead, the defence would have witnesses who would testify that Mr Keegan was “in what might be described as very good form”.
“He was told to leave the area and he was jumping on sandbags.
“A&E readings revealed he had a lot of drink — plus, plus, plus in ED readings. His recollection may have been somewhat compromised about what exactly happened.”
Mr Shortt said that even if the court was to make a finding against the council, there would be contributory negligence on Mr Keegan’s part and any payout wouldn’t even be enough to cover costs.
He said he advised his client of this and Mr Keegan agreed to withdraw the case.
Peter Bland, SC, who represented the council and its insurers IPB, said he recognised and appreciated the very responsible and difficult advice Mr Shortt gave Mr Keegan to withdraw the claim and the manner in which he approached the case.
Mr Bland said he also wanted to commend the “heroic and selfless work” by the volunteers manning pumps through the night.
“There was going to be inevitable floodings. Staff were working throughout the night,” he said.
He said they deployed 100,000 sandbags and those involved included council workers, gardai, members of the Defence Forces, locals and Irish Water staff who made heroic efforts to save the town.
“I’d welcome the opportunity to laud the council and volunteers for their effort,” he said.
Around the time of the flooding, water levels on the Shannon at Lough Ree were at their highest since records began.
Homes and businesses were flooded and raw sewage was flowing through the streets at one stage.
The worst affected area was near The Strand where Mr Keegan had his fall.
It is understood the costs to the council and their insurers in defending the case so far were somewhere between €30,000 and €40,000 and Mr Bland asked that an order of costs be made against Mr Keegan.
Mr Shortt requested that no order be made on costs, arguing that his client had saved the defendants any further costs by withdrawing the case.
Ms Justice Denise Brett praised Mr Shortt for giving a “fair and unembellished” account to the court.
She said on the night of the incident there had been “unprecedented flooding” and noted the “difficulties faced by council workers and many volunteers to assist in a most laudable and neighbourly way”.
She said she had no hesitation in agreeing with Mr Bland in giving credit to the volunteers who were out that night.
“Credit is due to the people involved,” she said.
The judge noted that Mr Keegan may have faced insurmountable difficulties had the case gone ahead and praised Mr Shortt for advising his client to withdraw the case, adding that Keegan had “quite wisely taken the advice of counsel”.
She said Mr Keegan’s withdrawal of the case was “a little late” but said “sense and wisdom” prevailed.
As a result she made no order of costs against Mr Keegan.
The Sunday World approached Mr Keegan after the case but he said he had “no comment”.
