Saturday 22 July 2017

Woman withdraws €60k damages claim after alleged fall in award-winning Fallon & Byrne's restaurant

Fallon & Byrne
Fallon & Byrne

Ray Managh

A 57-year-old woman, who alleged she tripped and fell in Fallon & Byrne’s, the award winning Dublin restaurant, food hall and wine shop, has withdrawn a €60,000 damages claim against the store for personal injury.

Barrister Grainne Berkery, counsel for the store, told the Circuit Civil Court on Wednesday that Winnie Mongan, of Rosemount Bank, Clondalkin, Dublin, was not going ahead with her claim.

Ms Berkery, who appeared with Jennifer O’Riada, of O’Riada Solicitors for Fallon & Byrne, said the case could be struck out with no order for costs.

Mongan had claimed that on July 11, 2014, she had been exposed to “a particular hazard” in that part of the floor where she tripped had been damaged.

She alleged that as a result of her fall she had injured both her knees and wrists, soft tissue injuries which had not resolved for up to a year.  She had taken anti-inflammatory tablets, used pain-killing gel and had been advised to undergo physiotherapy.

In a full defence to Mongan’s claim the Exchequer Street, Dublin, store alleged she had “caused or allowed herself to fall or drop to the floor” while on the premises.

The store stated in its defence that it did not accept that the accident had occurred in the manner Mongan alleged and that there was no negligence on the part of the defendant.

Ms Berkery told Circuit Court President Mr Justice Raymond Groarke that Ms Mongan had agreed to the case being withdrawn and Fallon & Byrne was not insisting on an order for their costs against her.

Judge Groarke struck out the case.

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