Wednesday 26 September 2018

Mother (56) who sued council after house ceiling 'fell on top of her' settles action

Janette Lakes
Janette Lakes

Tim Healy

A mother of six who claimed she was injured when part of the ceiling in her council house fell in on her has settled her High Court action.

Janette Lakes (56) told the court she was walking from her kitchen to her sitting room with two cups of tea in her hands when she says the ceiling came “bursting in on top of me.”

Within weeks, she claimed, she had headaches and later had blackouts .

On the second day of her action on Thursday, Mr Justice Michael Hanna was told the case had been settled and could be struck out with no order as to costs which means each side pays their own.

Ms Lakes, who the court heard was a recovering drug addict who takes methadone, lives at Dromheath Avenue, Blanchardstown, Dublin..

She had sued Fingal County Council claiming the ceiling collapsed on May 15, 2008.

She claimed there was an alleged failure to properly repair the premises and there was alleged leaking in the toilet upstairs.

Water leaked through the ceiling which was insecure and collapsed, she claimed.

It was further claimed the Council allowed the premises to become in an unsafe condition.  There was also an alleged failure to maintain repair or upkeep the property.

As a result of the accident Ms Lakes claimed she had suffered from post traumatic headaches, concussion with forgetfulness, and has difficulty in concentration.

The Council denied the claims and contended there was contributory negligence on the part of Ms Lakes and an alleged failure on her part to take any or any proper care of the premises.

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