Christopher Bardin, of Rathmines, Dublin pictured leaving the Four Courts after the opening day of his High Court action for damages

AN RTE studio supervisor claims he has been left with a constant whistling in his ears after part of a toilet roll dispenser fell on his head as as he sat on the toilet at Montrose.

Christopher Bardin says he was sitting on the toilet for the disabled in the audience holding area, which adjoins Studio 4, when the toilet roll dispenser unexpectedly opened and hit him on the left side of the head.

He has sued in the High Court claiming he has been suffering from tinnitus in his left ear following the accident on May 26, 2008.

Mr Bardin who the court heard has worked at RTE for 39 years, has also filed another personal injuries claim over an alleged incident four years later which he claims exacerbated his tinnitus condition by about 50 per cent.

Mr Bardin (61) Rathmines Close, Dublin, has sued his employer, RTE, and cleaning contractors, Maybin Support Services Ireland Ltd, trading as Momentum Support,with offices at Steeven's Lane, Dublin, over the incident.

He has claimed there was a failure to adequately repair the toilet roll dispenser's latching device and a failure to ensure the safety of the toilet facilities.

He claims he has suffered a diminution of his enjoyment of life, together with a loss of amenity and he has great difficulty sleeping because of the constant whistling in his left ear which causes him to be irritable and anxious during the day.

Mr Justice Bernard Barton was told liability had been admitted in this case and it was before the court for assessment of damages only.

Mr Bardin's counsel Partricia Dillon opening the case said that Mr Bardin was struck first on the left ear and when he turned his head was struck again.

She said it was a substantial apparatus and Mr Bardin had within a few days taken a photograph of the dispenser.

Where there was a circular hole for a key, a sticking type plaster had been used, counsel said.

The dispenser was later replaced.

The case before Mr Justice Bernard Barton continues.

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