A 40-year-old woman who claimed she tripped and fell, twisting and injuring her ankle as she crossed an open green area has settled her High Court action for €60,000.
Denise Kerr, who suffered a triple fracture to her left ankle, sued Donegal County Council as a result of the alleged fall at Fairgreen Hill, Letterkenny, Co Donegal, three years ago.
Her counsel, Miriam Reilly SC, instructed by Jolene McElhinney solicitor, told the court Ms Kerr, who has an intellectual disability, slipped and fell and suffered a significant injury to her ankle. She was brought to hospital by ambulance where X-rays showed she had suffered breaks in three parts of the ankle joint.
She required surgery and plates were inserted in her ankle. Ms Reilly said Ms Kerr was in hospital for two weeks but later had to return due to infection, and she had to have the plates removed. She said Ms Kerr had been left with a number of scars in her ankle region.
Ms Reilly said a full defence was filed in the case.
She said the case involved gravel which had been placed in the open green area.
Denise Kerr, of Mountain Top, Letterkenny, had through her mother, Rosita Kerr, sued Donegal County Council.
She sued over the maintenance management care and upkeep of the common area of Fairgreen Hill and her fall on February 23rd, 2021. She claimed she was lawfully walking on the common area which she said was under the control of Donegal County Council when the accident happened.
In the proceedings, it was claimed the placing of the grit or the debris on the common area created a danger or threat and there was a failure to warn Ms Kerr of its presence.
It was further claimed there was a failure to erect signs or cordon off the area where the grit or debris was present.
It was further claimed there was a failure to clear away the grit or debris in and adequate or correct manner.
Immediately after the accident, Ms Kerr was allegedly unable to get up and was in severe pain.
It was claimed that her mobility was significantly compromised as a result of the accident, and she was unable to return to her own independent accommodation and instead had to live with her mother while she recovered.
She also had to have physiotherapy.
Approving the settlement, Mr Justice Paul Coffey noted the litigation risk in the case and said the settlement was fair and reasonable.
