Tuesday 20 August 2019

Man who sustained small fracture when he tripped on path awarded €41,000 damages

Stephen Cassidy pictured leaving the Four Courts
Pic: Collins Courts
Stephen Cassidy pictured leaving the Four Courts Pic: Collins Courts

Tim Healy

A YOUNG man who sustained a small fracture when he tripped on a path three years ago has settled his High Court case for €41,000.

Stephen Cassidy was a Junior Certificate student when he tripped on a section of path near his Athlone home in Co Westmeath, where a phone box had been removed and where the path had been reinstated.

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

Mr Cassidy (now 20) of Sarsfield Square, Athlone. through his mother Imelda Cassidy, sued  Westmeath County Council and Eircom over the accident on June 9, 2016.

It was claimed there was a failure to provide a safe public footpath 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 heard he missed school  during his Junior Cert year as a result of the accident.

When he was reviewed a year later it was reported he had pain in his right foot if he had to walk for as little as eight minutes.

 Mr Justice Kevin Cross approved the settlement.

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