News Courts

Thursday 24 August 2017

Woman who suffered 'very nasty injury' after tripping on uneven footpath awarded €140,000

Kathleen Dunne, of Whitestown Green, Blanchardstown, Dublin pictured leaving the Four Courts after a High Court action.Pic: Collins Courts
Kathleen Dunne, of Whitestown Green, Blanchardstown, Dublin pictured leaving the Four Courts after a High Court action.Pic: Collins Courts

Tim Healy

A woman has been awarded €140,000 by the High Court for injuries she received when she tripped on an uneven footpath.

Kathleen Dunne, Whitestown Green, Blanchardstown, Dublin, sued Dublin City Council over the fall at the corner of Westmoreland Street and Aston Quay on September 3, 2014.

Mr Justice Michael Hanna said she suffered "a very nasty injury indeed", required hospitalisation for a number of weeks, and may eventually develop arthritis and require a knee replacement as a result.

He was satisfied the council was negligent arising out of the trip on what was "a seam" or a trench in the pavement which experts had stated was not in compliance with the recommended standard.  She was on her way to a nearby convenience store at the time, the court heard.

The pavement had previously undergone work to remove telephone boxes and underground services, the judge said.

He was satisfied there was a hazard left as a result of the work.  While it might be a hazard many could pass over, that was not the case for the "unfortunate" Ms Dunne "when she met her Waterloo".

The judge also said there was no doubt she had suffered.   He found her to be "truthful if a little cagey as people sometimes are in this foreign environment".

He awarded her €40,000 in general damages and €100,000 for damages into the future.

He agreed with a request from the defence to put a stay on his order in the event of an appeal, provided €50,000 is paid over by December 19.

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