February 22, 2025
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By Alric Lindsay

According to a Grand Court filing stamped on January 24, 2025, Eoghan Raftery is suing Palm Sunrise Ltd t/a Palm Heights for general and special damages after a concrete table allegedly fell on his hand, crushing it.  Raftery alleges that the accident was caused by the negligence and/or breaches of duty by Palm Heights and/or its employees.

Background

Based on the lawsuit, Raftery was invited by a friend to the Garden Club at Palm Heights on August 18, 2024.

Allegedly, Raftery leaned against the top of a concrete table in the spa area, the top of which was not fixed securely in place.

Reportedly, the top of the concrete table tipped over, causing Raftery to fall to the floor.  The top of the concrete table fell to the floor, landing on and crushing Raftery’s left hand.

The lawsuit alleges that, as a result of the incident, Raftery sustained serious personal injuries and suffered loss and damage. Some of these injuries were as follows:

a) Comminuted fracture of the proximal phalanx of the fifth left finger;

b) Open fracture comminuted of the proximal phalanx of the fourth left finger;

c) Intra-articular fracture of the proximal phalanx of the third left finger;

d) Longitudinal split of the extensor tendon of the left fourth finger;

e) Lacerations to left hand;

f) Swelling to the left hand;

g) Bruising to the left hand.

Raftery alleges that the injuries, loss and damage were caused by the negligence and/or breaches of duty of Palm Heights and/or its employees.

Raftery further alleges that Palm Heights breached its statutory duties by:

a) Failing to take any or any reasonable care to ensure that Raftery would be reasonably safe in using the premises as a guest;

b) Failing to properly secure the concrete tabletop during assembly;

c) Failing to implement and follow adequate systems of inspection for the security of the tabletops and the risk of harm to guests;

d) Causing or permitting the tabletop to be or to become or to remain a danger to guests;

e) Causing or permitting the tabletop to be a hazard;

f) Failing to eliminate the hazard;

g) Failing to give Raftery any or adequate warning of the presence of a hazard;

h) Failing to exercise due care and attention;

i) Failing to take reasonable care in all the circumstances;

The lawsuit alleges that Raftery continues to suffer from the above injuries and is impacted by them daily.

Additionally, it is alleged that Raftery suffered other losses and incurred expenses due to the incident, including but not limited to claims for loss of income, medical treatment, travel, gratuitous care, interest and costs. Raftery is seeking compensation of an unknown amount for the foregoing.

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