A landlord must pay €40,615 to his tenant after a piece of the kitchen ceiling fell and injured her, the High Court has ruled.
Concepta ‘Connie’ Collery, aged 50, sued Eamon Clohessy, owner of the dwelling at Peter’s St, Clonmel, Co Tipperary, where a portion of plasterwork fell on her head and back of her neck on June 29, 2013.
Mr Justice Anthony Barr was satisfied that Mr Clohessy was liable because cracks in ceiling had been brought to his attention before the incident but he did not do anything about it, as he was required to do.
Mr Clohessy accepted in evidence that Ms Collery had made a complaint.
He told her to keep an eye on the cracks and if they got any worse to let him know, the judge said. She had never come back to him about it, Mr Clohessy said.
He had also claimed Ms Collery told him after the accident that luckily she was putting her dinner in the microwave at the time the plaster fell, because otherwise she could have been injured.
The essential dispute was whether she suffered any injuries, the judge said.
Ms Collery said she had made previous complaints, in 2011 and 2012. The judge said that when Mr Clohessy called to the house immediately after the incident, she told the court she said to him: “I hope you are proud of yourself.”
It was claimed that he replied: “Stop wrecking my head, leave me alone, I know it is my fault.”
The judge said Ms Collery had accepted in her evidence she did not mention her head or neck injury when Mr Clohessy called after the incident.
He was satisfied she suffered an injury to her neck and the symptoms may not have been immediately apparent because, it would appear, they followed in the weeks following the incident.
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