Woman, 82, who tripped on Limerick footpath awarded €10,000

AN octogenarian who tripped  over a “raised paving stone” while walking in the city centre has been awarded €10,000 in damages.

Marie Fitzgerald, 82, of Villa Marie, Good Shepard Avenue, Pennywell, sued Limerick City and County Council following an incident which happened at Catherine Street on August 28, 2015.

The plaintiff told Limerick Circuit Civil Court she was walking at around 2pm when she tripped and fell without warning.

“I was walking down Catherine Street and before I know where I was on the ground,” she told barrister Marie Lane.

“I tripped on a tile, I landed on the ground. It was like my whole body got shook,” she added.

Ms Fitzgerald said a local businessesman came to her assistance and that she was taken to St John’s Hospital hospital by ambulance.

She said she “slashed” her two hands as she attempted to break her fall and that she could not properly lift her hand for a number of weeks after the incident.

She told the court that she had to move in with her son for a short time after the fall.

The plaintiff, who uses a walking stick, said she has been suffering from some neck pain since and continues to take pain killers.

”Only for the medication I would be in agony,” she said.

While accepting that Ms Fitzgerald had fallen, Ciara Daly BL, representing the local authority said it was her client’s case that there was no defect at the location where she fell.

Judge Sean O’Donnabhain was told the area was inspected by two separate engineers more than a year after the incident had happened and that neither had identified any issues where the plaintiff had fallen.

However in his evidence  Patrick Franklin, who runs a shoe-repair shop on Catherine Street said there was a defect on the day of the accident.

He said he was standing outside his premises when he saw Ms Fitzgerald walking past.

“She was passing through, she tripped, it’s as simple as that.”

Mr Franklin said he tried to get to the pensioner but that she had fallen and was on the ground before he reached her.  

In response to a question from Ms Lane, he said he noticed one of the paving stones was raised.

“There was a defect where she fell. The paving stone was slightly raised,” he said adding that there have been a number of similar instances in the same area in recent years.

Finding in favour of Ms Fitzgerald, Judge O’Donnabhain there was not doubt she had suffered moderate-to-severe soft tissue injuries due to the “jolting of her frame” when she fell

He said based on the independent evidence before him, he was satisfied a defect in the walking surface had caused her fall and that Limerick City and County Council was liable.

He said her previous medical history was a complicating factor which he had to consider when assessing the appropriate level of damages.

He awarded her €10,000 in damages plus her costs.