Monday 20 October 2014

Woman (54) injured falling into hole left by removed telegraph pole awarded €97,914 in damages

Published 10/07/2014 | 18:33

Three Russian businesmen have been sparring in court.

A woman who suffered injuries after falling into a hole left behind after a telegraph pole was taken out of the ground has been awarded €97,914 damages by the High Court.

Colette Healy (54) was walking with her grandchildren just 200 yards from her home at Barnstore, Loughnaure, Clane, Co Kildare when her right leg went into a hole on the road.

She sued Eircom as a result of the accident which occurred just before 5pm on October 14, 2011.

Ms Justice Mary Irvine said Mrs Healy was in hospital for five days afterwards and later had surgery to have pins inserted in her knee. She also had to use crutches and a zimmer frame at one stage.

Not only did she suffer injury and pain, the fall interfered with Mrs Healy's independence, the judge said. She also suffers intermittent pain in her hip, she added.

Earlier, Ms Healy said she was out walking with her grandchildren and "did the splits" as she fell into the hole.

She had to send her five year old granddaughter to get help because her foot was stuck in the hole.

In her action, she claimed there was a failure to fill in the hole created by the removal of the telephone pole and failure to erect signs to warn the public of the existence of the hole.

The accident greatly interfered with her life and she was unable to return to her job as a creche manager for a time, she claimed.

Ms Justice Irvine awarded €60,000 in general damages, plus €20,000 for pain and suffering in the future and agreed special damages of €17,914.

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