Sunday 18 August 2019

€41,000 for student who fractured his ankle in fall on footpath

Fell on path: Stephen Cassidy. Photo: Collins Courts
Fell on path: Stephen Cassidy. Photo: Collins Courts

Tim Healy

A young man who twisted his ankle and sustained a small fracture when he tripped on a path has settled his High Court case for €41,000.

Mr Justice Kevin Cross was told that Junior Cert student Stephen Cassidy tripped on a section of the path near his home in Athlone, Co Westmeath, where a phone box had been removed and the path had been reinstated.

The case was before the court for assessment of damages only.

Stephen Cassidy (20), of Sarsfield Square, Athlone, Co Westmeath, had through his mother Imelda Cassidy sued Westmeath County Council, Mullingar, Co Westmeath, and Eircom Ltd, St John's Road, Dublin, over the accident on June 9, 2016.

It was claimed there was a failure to provide a safe public footway and works had been carried out on the footpath in an alleged negligent and unworkmanlike manner.

It was further claimed there was a failure to properly reinstate or repair the path after the telephone box had been removed.

Mr Cassidy was walking on the footpath at 6am when he lost his footing and fell straight down on his ankle.

He was taken to hospital where it was discovered he had a small fracture and he later had to have physiotherapy.

The court was told that he missed school during his Junior Cert year as a result of the accident.

When he was reviewed a year later, it was reported Mr Cassidy had pain in his right foot if he had to walk for a time as short as eight minutes.

Approving the settlement, Mr Justice Kevin Cross wished the young man all the best.

Irish Independent

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