Mum who broke ankle and was put in shopping trolley gets €50,000
Published 17/01/2014 | 02:30
A WOMAN who fell on ice and snow after getting off a train was put in a shopping trolley to try and get her up the platform but this too tipped over, a court was told.
Mother-of-two Ciara Morgan has been awarded €50,000 after breaking her ankle in the incident at Dublin's Connolly Station.
Ms Morgan (32), a clerical worker from Summerville Glebe, Kentstown, Co Meath, was returning from a Belfast Christmas shopping trip with her mother on December 21, 2010.
Opening the case at the High Court, Colm Hennessy said the last train from Belfast had come in at a platform that was exposed to the elements.
He said it was snowing and Ms Morgan fell on frozen ice. A member of Irish Rail staff got a shopping trolley to get her up the platform, but the journey was "hapless and comical" as the trolley fell over.
Ms Morgan said: "He tried to lift me and then got a trolley and put me in the baby seat with my legs over the trolley handle, but the trolley went over."
A wheelchair was then procured to try and push Ms Morgan though the ice. Counsel said her father brought her to the Mater Hospital but she was advised she would have to wait eight hours to be seen, so she went home and attended a medical clinic the next day.
She said after the accident she spent the next eight weeks with a plaster on her fractured ankle, and was on crutches.
"I will never get that Christmas back, when my first child was three years of age. It was a horrible time for all my family," she said.
Making the award plus costs, Ms Justice Bronagh O'Hanlon said Ms Morgan, a working mother, had been caused to trip on compacted ice after the train pulled in to an uncovered platform.
The judge said Ms Morgan had suffered significant ankle injuries and had recurrent back difficulties as a result.
Ms Morgan sued Irish Rail claiming a failure to give any warning of the presence of ice and snow on the platform, failure to clear it, and failure to grit and salt it.
Ms Morgan told the court she now has trouble with her back when she lifts her second toddler and cannot wear high heels.
Irish Rail admitted liability and the case was before the court for assessment of damages only.
Irish Rail solicitor, Gerard O'Herlihy, said Ms Morgan had an unfortunate fall in very bad weather. He said Irish Rail put its hands up and it should have cleared the platform but he contended her back problems were not as a result of the accident.