A woman who had to have the tip of her little finger amputated after a pub door slammed on it has had a €56,000 damages award overturned by the Court of Appeal.
Michelle McGeoghan from Bruckless in Co. Donegal had sued over the incident which took place in the early hours of 6 August 2012.
She was leaving McLaughlin's Bar in Dunkineely in Co. Donegal when a door slammed onto her finger.
The court heard the main door to the pub was shut because it was after hours.
Ms McGeoghan had claimed the corridor she used to get to the exit was dark.
She opened the door with her right hand and grabbed the edge with her left intending to pull it towards her but it slammed shut.
Her little finger was severely injured and the tip eventually had to be amputated.
Ms McGeoghan was awarded €56,250 at the High Court after judge said there was contributory negligence on her part of 25%.
The High Court found the defendants had failed to ensure a door closer fitted to the door was functioning correctly to prevent it slamming.
Both sides appealed and today the Court of Appeal allowed the appeal by the defendants.
Delivering its judgment Mr Justice Noonan said the High Court found the accident was probably caused by the failure of the door closer to function properly.
However the court said it did not follow, because a particular step might have avoided an accident, the failure to take that step must be viewed as negligence.
The case as pleaded, which never changed, was there was no closer on the door and there should have been.
It was "inescapable" the trial judge had found the defence liable on a case never actually pleaded, or made, by Ms McGeoghan.
He said the cause of the accident was never established and there was no evidence before the High Court of any obligation on the defendants to have a door closer on any door in the premises.
The fact there was a door closer, albeit one not working properly, was "entirely immaterial" to their liability.
The suggestion of a need for supervision while leaving the premises fell away, because of the finding that there was a light in the corridor, the judge said.
Ms McGeoghan had sued Christopher Kelly, owner of McLaughlin's bar in Dunkineely, Co Donegal along with Martin McBrearty and Pauric McInern, who were leasing the premises.
Costs will be dealt with at a later date.