Woman who suffered brain injury who slipped on ice at carwash awarded €125000

By Irish Times, Mary Carolan
Wednesday, 7th October 2020
Filed under: Litigation

A woman who slipped on ice and hit her head suffering a brain injury has been awarded €125,000 by the High Court.

Mr Justice Kevin Cross said Anna Maria Power, 55, a taxi driver, suffered a serious injury. He accepted the medical reports in the case which stated she suffered a moderate traumatic brain injury as a result of the fall.

The woman, the judge said, in no way exaggerated her injury and Mr Justice Cross said she in fact minimised her situation.

Anna Maria Power, Devenish Road, Crumlin, Dublin, had sued Walkinstown Auto Services Ltd, which is the rated occupier of a premises on Drimnagh Road, Dublin, where Buzz’s Car Wash is situated, and Alan Lyons, Goatstown Road, Dublin, the owner of Buzz’s Car Wash, over the accident there on February 2,2015.

It was claimed there was a failure to warn visitors to their premises of the existence of ice on the forecourt.

It was further claimed the ice was allowed to build up and there was a failure to take any precautions arising from the weather conditions and a failure to treat the ice with grit or rock salt.

Ms Power’s counsel Kevin Callan BL, instructed by Alan Crossan solicitor; Crossan Hanratty & Co Solicitors, told the court no defence was filed in the case and judgment was granted in default of appearance. As a result, the case was before the court for assessment of damages only.

Ms Power told the court she had left her taxi in for a wash and valet and was walking in the forecourt when she slipped on ice and fell backwards. She said she had an awful pain in the back of her head and the base of her spine.

She said she later had a seizure and another two in hospital. Scans in hospital confirmed bleeding in the brain area.

Ms Power was not able to work as a taxi driver for a year afterwards and she said her short-term memory is still very bad.