The High Court, sitting in Limerick, heard that, due to Donna O’Brien’s unwanted attention, the man had to flee and take refuge in a store room.

Ms O’Brien, aged 24, of Fountain Court, Tralee, Co Kerry, yesterday sued Patrick O’Shea of the New Yorkers takeaway arising out of a fall she claimed she sustained in the premises, in which she suffered a broken elbow.

Ms O’ Brien claimed she went into New Yorkers with a friend at around 11pm on Feb 21, 2009.

She claimed that, while getting chips and a pizza she fell on oil on the floor. Her father brought her home and the next day she went to Tralee General Hospital where the fracture was diagnosed. She said she consumed three Wkd Blue alcopops prior to going to the takeaway.

Evidence was given on behalf of the owner that Ms O’Brien approached Marco O’Shea, the son of the owner, who was working in the takeaway, and started shouting at him to come out and that she loved him.

The court was told Mr O’Shea had to run upstairs and was pursued by Ms O’Brien. However, Mr O’Shea managed to lock himself into a store room and Ms O’Brien could not get in.

The court was told that at no time did Ms O’Brien fall while in the takeaway.

Judge Elizabeth Dunne said there was a complete conflict of evidence as to what occurred at the premises.

She said evidence was given on behalf of the takeaway that there was no fall and that Ms O’Brien had drink taken, was noisy, and caused a commotion.

There was no dispute that Ms O’Brien suffered an injury that night and a hospital record referred to her elbow injury and to alcohol.

The judge said she was in no doubt that Ms O’Brien drank Wkd alcopops on the night and it was in excess of the amount she had claimed.

She was satisfied Ms O’Brien did not sustain her injury in the manner in which she stated, and dismissed her claim.