An 88-year-old girl who claimed she suffered accidents after tripping and falling on a footpath in Kilkenny metropolis has settled her Excessive Court docket motion for €160,000.
Sarah Mahoney, of Pearse Road, Kilkenny, had sued Kilkenny County Council over the alleged fall 4 years in the past. She claimed she was induced to lose her footing when she encountered an alleged faulty and dangerous damaged part of footpath.
Her senior counsel, David Kennedy, instructed the Excessive Court docket it was their case that Ms Mahoney was strolling close to McDonagh Road not removed from her house on the afternoon of September nineteenth, 2020, when she allegedly tripped and fell on an alleged damaged part of footpath.
He mentioned Ms Mahoney fell ahead on to her face and outstretched arm struggling fractures to her arm and harm to her face. She additionally suffered a direct nosebleed and was delivered to hospital by ambulance. She spent 5 days in hospital and, counsel mentioned, her daughter needed to look after her mom at house for an additional three weeks afterwards.
Counsel mentioned their engineering professional would say there seemed to be vehicular injury to the footpath.
Earlier than the incident, counsel mentioned, Ms Mahoney was a really lively woman who liked her bingo however this later modified.
He instructed Mr Justice Paul Coffey the Mahoney aspect would face a battle about legal responsibility within the case and all of the claims have been denied by Kilkenny County Council.
Within the proceedings, which Ms Mahoney introduced by her daughter, Catherine Conde, it was claimed there was a failure within the building of the footpath to make sure that it will be able to taking the burden of vehicular visitors. It was additional claimed there was a failure to adequately compact the subbase of the trail in consequence it was allegedly induced to subside and break.
There was an alleged failure to make sure that portion of the footpath was protected and appropriate for pedestrians corresponding to Ms Mahoney.
All of the claims have been denied.
Approving the settlement, Mr Justice Paul Coffey famous there was a major litigation danger within the case. The choose thought the provide was truthful and cheap.