Limerick woman sues Irish Water over 'sudden and unexpected' fall over pothole

David Hurley

Reporter:

David Hurley

Limerick Circuit Court was told the case had been settled

Limerick Circuit Court was told the case had been settled

A WOMAN who sued Irish Water after catching her foot in a hole on a public footpath near her home in Limerick settled the case on her birthday.

Noreen Fitzgerald, 64, who has an address at St Patrick’s Road, initiated Circuit Court proceedings for negligence and breach of duty relating to an incident which happened “at or near Garryowen” on March 13, 2014.

In court papers, the woman alleged that works carried out by Irish Water had resulted in the creation of a pothole on the path and that the State-owned utility had “caused, permitted or allowed” the plaintiff to trip and fall by not repairing it.

It was further claimed that Irish Water had “failed to carry off, rail off, or fence off part of the public footpath on which the said hole was located”.

Ms Fitzgerald, who described the incident as “sudden, unexpected and frightening” attended her GP following the fall complaining of discomfort to her neck.

During a follow-up examination a number of months later, the plaintiff complained that she had developed pain in her “right leg, right ribs and cervical spine”.

She was prescribed an anti-inflammatory and it was stated that she was discommoded in her “private, social, family and recreational life” as a result of the incident.

The matter came before Judge Gerald Keys at Limerick Circuit Court after the proceedings were authorised by the Personal Injuries Assessment Board in September 2015.

When the case was called, barrister Philip Moloney, representing Ms Fitzgerald, said there had been discussions between the parties and that the matter had been settled and struck out.

Details of the settlement were not disclosed to the court.