Woman seeks court permission to sue over holiday fall

A woman who claims she fell on an allegedly wet hotel dining room floor while on holiday in Spain has been given permission by the High Court to serve short notice of intended legal proceedings on the liquidators of the Usit travel agency.

Mary Larkin (68), Rathjarney, Piercetown, Drinagh, Co Wexford, wants to sue USIT Ireland Ltd, in liquidation, formerly trading as COGO Travel.

As Usit was wound up earlier this year and Kieran Wallace and Andrew O'Leary of KPMG appointed as liquidators, she requires High Court permission to bring her action under companies legislation.

Today, Mr Justice Senan Allen granted Robert Kerslake BL, for USIT, permission to service at short notice the application for permission to bring proceedings on the liquidators. The application to Mr Justice Allen was made on a one-side only represented basis.

It is claimed the accident occurred in the Hotel Siroco, Benalmadena, Costa de Sol, on October 12, 2018, shortly after Ms Larkin and her husband had arrived for a seven-night group package holiday organised by the Piercetown Active Retirement Association.

It is alleged Ms Larkin broke her left wrist just after she entered the dining room for a meal at around 11.30pm when she slipped on a wet and slippery floor.

It is alleged that Usit, as organiser, was liable for the alleged negligence under the Package Holidays and Travel Trade Act, 1995.

Permission to bring proceedings must be obtained within two years of the accident, a deadline which is due to expire next Sunday.