Woman sues over fall on ‘de­fec­tive’ foot­path

The Irish Times - - Home News -

A woman said she hurt her back and is un­able to stand or walk for long pe­ri­ods, or put on her socks her­self, after al­legedly trip­ping on bro­ken con­crete out­side shops in a Dublin sub­urb, the High Court has heard.

Anne Marie Fa­gan said her life has changed since the fall in Crum­lin eight years ago.

“I can’t put on my socks, my son has to do it for me. When I go shop­ping, I have to bring some­body with me,” she told Mr Jus­tice An­thony Barr. She said she also can­not take clothes from the wash­ing ma­chine, nor vac­uum and, while she used to walk a lot, she can­not, since the fall, stand or walk for long pe­ri­ods.

Ms Fa­gan (37), for­merly of Kil­dare Park, Crum­lin, Dublin, now liv­ing in Drim­nagh, has 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.

De­fec­tive

She claims she fell on an al­legedly de­fec­tive and un­even sec­tion of foot­path out­side the butch­ers’ shop at Old County Road.

She al­leges the foot­path was per­mit­ted to be, or re­main, in a dan­ger­ous and hazardous con­di­tion fol­low­ing com­ple­tion of works there.

The claims are de­nied and it is pleaded there was con­trib­u­tory neg­li­gence by Ms Fa­gan.

In her ev­i­dence Ms Fa­gan, a hos­pi­tal cater­ing as­sis­tant, said 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.

“My foot stopped, I twisted and came down on my bot­tom. I was em­bar­rassed. It all hap­pened in a cou­ple of sec­onds,” she said. That night, she no­ticed bruis­ing on her left but­tock and could not get out of bed the next morn­ing be­cause she had aches and pains and she was late for work.

She had pain in her lower back and down her leg and and had to have a nerve-block­ing surgery pro­ce­dure, she said. An MRI scan showed a disc im­ping­ing on the nerve root and she had fur­ther surgery.

The case con­tin­ues.

Anne Marie Fa­gan: life has changed since she fell in Crum­lin, in 2009

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