Woman, 88, who claims she was injured after alleged footpath fall settles for €160k

Counsel for the woman told the court their engineering expert would say there appeared to be vehicular damage to the footpath

The court heard Mrs Mahoney fell forward onto her face and outstretched arm suffering fractures to her arm and injury to her face. File picture

An 88-year-old woman who claimed she suffered injuries after she allegedly tripped and fell on a footpath in Kilkenny city has settled her High Court action for €160,000.

Sarah Mahoney, Pearse Street, Kilkenny, had sued Kilkenny County Council over the alleged fall four years ago. She claimed she was caused to lose her footing when she encountered an alleged defective and hazardous broken section of footpath.

Her counsel David Kennedy SC told the High Court it was their case that Mrs Mahoney was walking near McDonagh Street not far from her home on the afternoon of September 19, 2020, when she allegedly tripped and fell on an alleged broken section of footpath.

He said Mrs Mahoney fell forward onto her face and outstretched arm suffering fractures to her arm and injury to her face. She also said to have suffered an immediate nosebleed and was brought to hospital by ambulance. 

She spent five days in hospital and counsel said Mrs Mahoney’s daughter had to care for her mother at home for another three weeks afterwards.

Counsel said their engineering expert would say there appeared to be vehicular damage to the footpath.

Before the accident, counsel said, Mrs Mahoney was a very active lady who loved her bingo but this later changed.

He told Mr Justice Paul Coffey the Mahoney side would face a battle in relation to liability in the case and all the claims were denied by Kilkenny County Council.

Mrs Mahoney's claims

In the proceedings, which Mrs Mahoney brought through her daughter Catherine Conde, it was claimed there was an alleged failure in the construction of the footpath to ensure that it would be capable of taking the weight of vehicular traffic. 

It was further claimed there was an alleged failure to adequately compact the sub-base of the path and as a result it was allegedly caused to subside and break.

It was also claimed there was an alleged failure to ensure that a portion of the footpath was safe and suitable for pedestrians such as Mrs Mahoney.

All the claims were denied. Approving the settlement, Mr Justice Paul Coffey noted there was a significant litigation risk in the case, and the judge thought the offer was fair and reasonable.