Young mother 'can't put on her own socks' after fall on broken concrete, court hears

by Ann O'Loughlin

A young mother today told the High Court she hurt her back and can't put on her own socks after allegedly tripping on broken concrete outside shops in a Dublin suburb.

Anne Marie Fagan said her whole life has 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.

“I have not had a full nights sleep since all this started,” she said.

Anne Marie Fagan, Kildare Park, Crumlin, Dublin and now living in Drimnagh, Dublin has 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.

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

She has 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 safe condition following completion of works there.

Ms Fagan has 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 it was alleged a failure to warn Ms Fagan of the dangerous state of the path.

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

In evidence, Ms Fagan a hospital catering assistant said she had gone to the shops for her mother to buy a small bag of potatoes.

She said her foot got caught on broken concrete and she fell backwards. "My foot stopped, | twisted and came down on my bottom.

I was embarrassed. It all happened in a couple of seconds,” she said.

That night she said she noticed bruising on her left buttock and the next morning could not get out of bed because she had aches and pains and she was later for work.

She told the judge she had pain in her lower back and down her leg and and had to have a nerve blocking surgery procedure. An MRI scan showed a disc impinging on the nerve root, and she had to have further surgery.

The case before Mr Justice Anthony Barr continues tomorrow.

Related Articles

Man in his 30s to appear in court tomorrow over Offaly €1m drug seizure

Dispute over alleged unlawful occupation of pub may delay Apollo House redevelopment, court hears

Homeless woman entitled to costs after legal aid system reached its monthly quota, court rules

Man who Gardaí 'considered a risk to national infrastructure' secures temporary halt on job dismissal

More in this Section

Refurbished Bewley's Café 'to feature chocolate factory and bakery'

Locals in Belfast suburb heard murdered woman's screams, says MLA

Party to celebrate history of Moore Street today

Young sailors rescued in Dún Laoghaire after Storm Brian hits

Today's Stories

No Government jet for freed Halawa

Garda officers may sue for right to strike

Rail unions vote for industrial action

‘We are on our knees after this ... we need help’


A helicopter put a piano on the 150-foot roof of Blarney Castle and other stories from the Cork Jazz Festival archives

Jazz Memories: Famous faces share their favourite moments

Live music review: The Horrors - Icy genius in a thrillingly intimate setting

Choosing a sheltered spot for Maples is vital

More From The Irish Examiner