‘Broken wrist’ in bid to stop mother’s wheelchair

A woman who brought her 83-year old mother on a day out to world-famous Powerscourt Gardens claimed before the High Court she fractured her wrist when her mother’s wheelchair went out of control on a steep slope.

Jean Chambers who has sued for damages said she tried to stop the wheelchair but it gathered speed and she fell over as she tried to stop it.

“At that stage I was running so fast. I was trying to slow the wheelchair down and to steer it towards the grass embankment. I can’t remember after that,” she told Mr Justice Anthony Barr.

She said she thinks somebody ran after the wheelchair as her mother was not injured but her mother can’t remember “how she was saved”.

The court was told that Ms Chambers’ mother who was using a wheelchair provided at the gardens has separately brought a legal action in relation to the alleged incident near the pet cemetery.

Jean Chambers, aged 48, Cedarwood Road, Glasnevin has sued Powerscourt Estates Ltd as a result of her fall on the visit to the Powerscourt Gardens, Co Wicklow on September 13, 2014.

It is claimed that while there was a disabled route marked out on the map provided, there should have been signs in the gardens and at the turn which Ms Chambers took with the wheelchair near the pet cemetery.

Powerscourt Estates Ltd has denied the claim and contends Ms Chambers failed to follow instructions she was given when she was given a map of the gardens. The court heard over 200,000 people visit the gardens each year.

Opening the case, senior counsel Hugh O’Keeffe for Ms Chambers, said that she and her mother were unaware when they turned left that they went off the blue disabled route.

“They were unaware they went ‘off piste’ as there were no signs on the route,” said counsel.

He said that Ms Chambers had now been left with a 7cm scar on her wrist and had suffered a loss of self-confidence as a result of the accident.

Cross examined by Declan Buckley SC Ms Chambers said that she had did not realise when she turned left with the wheelchair it was such a steep slope.

She said that if it had been clearly marked she would not have taken that route.

“I would have paid attention to a sign. At the time it did not appear such a dangerous slope to me,” she said.

Counsel put it to Ms Chambers that her default mechanism was to go to a solicitor and this was her fifth case where she had sued for damages over alleged injuries.

Ms Chambers agreed she had been in a car accident previously and had also sued over alleged injuries at work and alleged injury when in a supermarket.

Sarah Slazenger of Powerscourt told the court that there had not been any feedback from any visitors that there was a difficulty accessing the disabled route.

She said it seemed extraordinary that somebody would push a wheelchair down the slope. Mr Justice Anthony Barr reserved his decision on the case.