Woman awarded damages after falling on broken concrete

By chadmin
Wednesday, 25th July 2018
Filed under: PersonalInjury

A woman who sued after allegedly tripping on broken concrete outside shops in a Dublin suburb has settled her High Court action on undisclosed terms.

Anne Marie Fagan had told the court her whole life has changed since the fall in Crumlin eight years ago.

She was unable to stand or walk for long periods, cannot put on her socks herself and has sleeping difficulties.

Ms Fagan (37), formerly of Kildare Park, Crumlin, Dublin, now living in Drimnagh, sued Dublin City Council, butchers Gordon Ennis, trading as County Meats Prestige Foods, Old County Road, Crumlin, and New Ireland Assurance company as a result of the fall on July 21st 2009.

She claimed she fell on an allegedly defective and uneven section of footpath outside the butchers shop at Old County Road.  She alleged the footpath was permitted to be, or remain, in a dangerous and hazardous condition following completion of works there.

The claims were denied and it was pleaded there was contributory negligence by Ms Fagan and she was the author of her own misfortune.

Today, Mr Justice Anthony Barr was told the case had settled and could be struck out. No terms were disclosed.

Ms Fagan, a hospital catering assistant, said in her evidence she had gone to the shops for her mother to buy a small bag of potatoes on July 21st 2009.

She said her foot got caught on broken concrete and she fell backwards onto her bottom.

She said she could not get out of bed the next morning because she had aches and pains.

She had pain in her lower back and down her leg and had to have a nerve blocking surgical procedure, she said.

An MRI scan showed a disc impinging on the nerve root and she had further surgery.