Saturday 29 October 2016

High Court action by woman who claimed she broke her ankle in hole in public park settled

Tim Healy

Published 19/01/2016 | 17:08

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A HIGH Court action by a woman who claimed she broke her ankle when she stepped into a hole in a public park has been settled.

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Sally Lothian (60) had sued over the accident in Castletown House, Celbridge, Co Kildare, on November 14, 2011.

She claimed the Office of Public Works, which maintains the house and estate which is open to the public, was negligent by failing to cordon off an area where maintenance and improvement works were being carried out. 

Mrs Lothian , St Patrick's Park, Celbridge, said she spent 11 days in hospital as a result of three breaks to her right ankle in the accident which occurred while she was out for a walk with her husband and their dog.

The OPW denied her claims in including that any work was being carried out.   It denied there was a hole and, if there was, could have been dug by an animal, something which the OPW could not be expected to provide protection against in a parkland maintained as a natural habitat.

Ms Lothian, a supermarket operative, said she regularly walked her dog in the area the accident happened and the hole had not been there before.

The case opened last Friday and was due to resume today before Mr Justice Robert Barr who was told the matter could be struck out.

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