A 65 YEAR OLD woman, who tripped on a damaged flagstone on Dame Street, Dublin, has been awarded £30,000 damages by Judge Diarmuid Sheridan in Dublin Circuit Civil Court.
Ms Gerardine Connolly, for Ms Christine Lynch, of Weaver Street, the Coombe, Dublin, said her client had seriously injured her shoulder in the fall and still experienced pain two years after the accident.
Ms Patricia Moran, for Dublin Corporation, said the corporation's defence was that any alleged deterioration of the footpath had been due to normal wear and tear over the past 20 years, for which her client was not liable in law.
She said one of the greatest problems which the corporation faced with regard to their foot paths was the illegal parking of cars as well as delivery vans and lorries on them.
Judge Sheridan said he accepted Ms Lynch as an honest witness and held there was evidence to suggest the flagstone complained of had probably been lifted and relaid at some stage. He felt a litter bin near the flagstone on which Ms Lynch had tripped would have made it difficult, if not impossible, for vehicles to park illegally on the footpath.
Judge Sheridan granted a stay on his order to facilitate consideration of an appeal.