Young mother settles for damages over fall on broken concrete that 'changed her life'

By Ann O'Loughlin

A young mother who sued after she claimed she tripped on broken concrete outside shops in a Dublin suburb has settled her High Court action.

Anne Marie Fagan had previously told the High Court she hurt her back and her whole life had changed since the fall eight years ago.

“I can’t put on my socks, my son has to do it for me. When I go shopping, I have to bring somebody with me,” she told Mr Justice Anthony Barr.

The 37-year old woman told the judge she can’t take clothes from the washing machine or hoover. She said she used to walk a lot but now can’t stand or walk for long periods after the fall.

Anne Marie Fagan, Kildare Park, Crumlin, Dublin, and now living in Drimnagh, Dublin, had sued Dublin City Council, butchers Gordon Ennis, trading as County Meats Prestige Foods, Old County Road and New Ireland Assurance company as a result of the fall on July 21, 2009.

Anne-Marie Fagan.

She had claimed the accident happened outside the butchers shop at Old County Road, Crumlin when she fell on an allegedly defective and uneven section of footpath.

She had further claimed the footpath was allegedly permitted to be or remain in a dangerous and hazardous condition and there was an alleged failure to ensure the footpath was left in a a safe condition following completion of works there.

Ms Fagan also claimed there was an alleged failure to repair or reinstate or cause the footpath to be repaired or reinstated adequately at all.

There was also an alleged failure to warn Ms Fagan of the dangerous state of the path.

The claims were denied and it was contended there was contributory negligence on Ms Fagan’s behalf and that she was the author of her own misfortune.

When the action came back before the court today, Mr Justice Anthony Barr was told the case had been settled and could be struck out.

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