No compo after manhole cover slip

A grandmother bringing her grandson to McDonald’s for a treat was seriously injured when she slipped on an ESB manhole cover, but yesterday she lost her claim for compensation at the High Court in Cork.

Mr Justice Kevin Cross dismissed the case taken by Catherine Lee of Dominic St, Cork, against the ESB. The judge noted the action had been taken initially against Cork City Council, but the ESB took on the defence.

The judge said: “The plaintiff is a very pleasant lady with five adult children and a number of grandchildren. On April 6, 2010, she was walking down Shandon St, a steep hill. She was in the company of her daughter and grandson with the intention of going to McDonald’s for a treat. It was dry at the time but it had been raining so the surface may have been damp. The plaintiff fell on an ESB cover and suffered very significant injuries, the consequences of which are with her still.”

The issue in the case was whether the defendants, as owner of the cover, were negligent and in breach of duty. The judge noted engineering evidence on behalf of the plaintiff that studs roughening the surface of the cover had worn away on one side that made it excessively slippery. Engineering evidence on behalf of the ESB was to the effect that the cover met EU standards and that an alternative concrete cover would not be suitable.

The judge said in conclusion that a combination of factors including the damp weather, the plaintiff’s gait, and the particular slope at the end of Shandon St resulted in accident. “I cannot find that the cover was unsafe, notwithstanding that the plaintiff is in no way to blame. The plaintiff has not established a breach of duty against the defendant.”

No order was made on costs.