€11,000 has been awarded to a woman with a history of unfortunate accidents due to the injuries that she suffered in a fall at the junction of Lagan Grove and Shannon Lawn in Mayfield, Cork on November 13, 2015.
The accident took place at 10.30am on that morning and led to the Ms Elizabeth Butler sustaining injuries to her knee and shoulder of the plaintiff. Barrister James Duggan, on behalf of Cork City Council,asked Ms Butler about previous compensation claims made by her, and other members of her family. He put it to Ms Butler that many of these claims were of a similar nature. 60-year-old Ms Butler replied from the witness box at Cork Circuit Court by asking Mr Duggan: “Did you ever fall, did you?”
Reacting to this, Mr Duggan answered said: “I have stumbled and fallen on occasions and I got up and I said to myself, wasn’t I the eejit not to be looking where I was going.”
Ms Butler also informed the court, during questioning, that she had fallen and injured herself as the “The city is in an awful state” and that the accident was not her fault.
Judge James O’Donoghue was made aware that, including this current legal action, the plaintiff had brought a total of five compensation claims.
Justice O’Donoghue, as he was delivering his judgement, said that “Ms Butler does not help herself by her attitude.” At this point Ms Butler move to interject from the body of the court during the judgement and the Judge advised her to “be careful how you answer me.”
The Judge criticised Ms Butler, informing her that Mr Duggan was obliged to question her in relation to the compensation claims she and her family members had previously sought.
He stated “I do believe you had an accident but you are not helping yourself. Your attitude to Mr Duggan about your family propensity to bring claims left a bit to be desired.”
Justice O’Donoghue approved a personal injury compensation awarded to Ms Butler of €11,000 for the injuries she suffersd in the fall.
Mr Duggan asked if contributory negligence by the plaintiff had been considered. The Judge informed him that he did not due to the condition of the ground where the accident occurred. He said that “the corporation have left themselves open to be sued.”