Wednesday 17 December 2014

Mother loses €38,000 claim against creche after breaking shoulder falling over fence

Ray Managh

Published 19/11/2012 | 16:28

Donnelly: (Tracy); Loses her personal injuries damages claim, Dublin Circuit Civil Court, (19/11/12). ***see Ray Managh story slugged Chained.Pic. shows: Tracy Donnelly, St. Brigid's Close, Foxrock, Dublin 18 leaving court yesterday (Mon.) after she had lost her personal injuries damages claim.(Pic: CourtPix.)

A 42-YEAR-OLD mother fell and broke her shoulder while saving her six-year-old daughter from tripping over a chain fence outside a top Dublin creche, a court has been told.

Judge Jacqueline Linnane decided it was the act of saving her daughter, Nicky, that was responsible for Tracy Donnelly’s fall and not any negligence on the part of the crèche owners.

The judge dismissed Donnelly’s €38,000 damages claim against The Leopardstown Club Ltd., Westwood Swimming Ltd and Templeville Developments Ltd which trades as Fitzone Creche and Montessori at Leopardstown Racecourse, Dublin.

Ms Donnelly, of St Brigids Close, Foxrock, Dublin, told defence barrister Angus Buttanshaw she was dropping Nicky to a party in the crèche on Sunday, November 25, 2007.

When they had got out of the car Nicky had headed off towards the crèche with presents in her arms and she saw her stumble. In saving her she had fallen over the fence herself, breaking her left shoulder.

She said she had not seen the chain which was very low to the ground.

Brenda Flood, managing director of Templeville Developments, The Westwood Club, Leopardstown Racecourse, Dublin, said more than half a million children had used the area over the last 12 years without incident involving the chain.

She said the chain and post fence separated the car park from the entrance footpath to the crèche.

Dismissing her case and awarding legal costs against her, Judge Linnane said Ms Donnelly, a mother of six, was bringing one of her children to a party and the child was obviously excited.

There was no negligence on the part of the defendants. Ms Donnelly had fallen over the chain while distracted.

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