Woman settles claim for damages resulting from ceiling collapse

By Ann O'Loughlin

A mother of six who claimed she was injured when the ceiling in her council house allegedly fell in on top of her has settled her High Court action.

Janette Lakes told the High Court she was walking from her kitchen to her sitting room with two cups of tea in her Blanchardstown home when she says the ceiling came “bursting in on top of me.”

“It all came in on top of me. My son who was there said a corner of the ceiling must have hit me on the head, My clothes were soaked, the cups were smashed," she told Mr Justice Michael Hanna.

She added: "I could not get up from the floor. I was covered in plaster. I was in a puddle of water."

Within weeks, she claims she had headaches and later had blackouts .

On the second day of the action today Mr Justice Hanna was told the case had been settled and could be struck out with no order as to costs which means each side pays their own.

In cross examination on the first day of the hearing Thomas P Hogan SC for Fingal County Council put it to Ms Lakes during cross examination that in photographs taken by her son after the ceiling collapse the floor was "dry as a bone".

She replied it was not dry when the celing came down. Asked by Mr Hogan where did the water mysteriously go, Ms Lakes replied " I don't know."

Asked by Counsel who damaged the ceiling, Ms Lakes said it was damaged over years by the Council not fixing leaks.

Mr Justice Hanna remarked that in the photographs the floor did not not look wet. Ms Lakes replied " I am not saying it was soaking."

Janette Lakes, a 56-year-old recovering addict who takes methadone and lives at Dromheath Avenue, Blanchardstown, Dublin had sued Fingal County Council claiming the ceiling collapsed on May 15, 2008.

She claimed there was an alleged failure to properly repair the premises and there was alleged leaking in the toilet upstairs.

Water she claimed leaked through the ceiling which it was claimed was insecure and collapsed. It was further claimed the Council allowed the premises to become in an unsafe condition and there was an alleged failure to maintain repair or upkeep the property.

As a result of the accident Ms Lakes claimed she had suffered from post traumatic headaches concussion with forgetfulness and also has difficulty in concentration.

The Council denied the claims and contended there was contributory negligence on the part of Ms Lakes and an alleged failure on her part to take any or any proper care of the premises.