At the High Court €75,000 in personal injury compensation has been awarded to a s woman who injured her ankle following an incident where she slipped and fell in a car park at the offices where she is employed.
The legal action was taken a Shirley Farrell, who is employed as a public servant, against her employer the Minister for Agriculture and the Marine, and Apelona HSG Ltd, which supplies a facilities manager by the Minister, in relation to the accident that took place at the Backweston premises in Celbridge, Co Kildare, on October 22, 2015.
Mr Justice Max Barrett said that he was of the belief that, on the balance of probability, that Ms Farrell was correct in her opinion that she must have slipped on leaves as she walked to her car when the accident occurred.
When she departed work that evening, there were only around ten employees remaining in the building and no lights outside, the judge told those present.
She slipped and fell because as she was unable to see where she was going. Due to the fact that there was mud on her tights, she told the court that she thought there may have been one or more leaves on the ground that she slipped. The judge said that he was of the opinion that these was consistent with the weather at the time of year that the accident occurred and the mud that was viewable on her tights following the accident. She claimed that the area outside the office and car park were completely unlit when she departed her work on the day in question.
The judge ruled that there was a breach by the defendant, the Minister, in relation to ensuring that Ms Farrell’s place of work and the means of access to and from it is maintained in a safe manner. He ruled that both defendants were guilty of negligence.
Ms Farrell’s ankle injury was dealt with medically using a below-knee plaster cast and crutches and, subsequently, with a medical walking boot and ongoing use of crutches.
She told the Judge that, even after the boot was taken off, she was unable to return to walking for pleasure until approximately May 2016,. At this time she discovered that long-distance walks caused her some pain to the point where they were no longer possible, She was also not able to resume dancing, as she had been doing prior to the accident.
The judge said that he felt her injuries were at the higher end of the scale in relation and termed them moderately severe. He awarded her €75,000 personal injury compensation.