Woman who claimed she tripped on path cracked by tree root loses case

The woman who was walking home from a 21st birthday party when she tripped, had said she did not know what caused the fall and told a doctor she could not remember the details

A central issue in the case at the High Court was whether the council could avail of the defence of "nonfeasance" — meaning did it have a liability from a failure to act — in relation to dealing with the defect created by the tree root growth.

A woman who claimed she fell on a pavement which was cracked due to damage from tree root growth has lost her High Court action for damages against the local council.

Denise Best (54), a mother of two from Daletree Crescent, Firhouse, Dublin, sued South Dublin County Council over the accident around the corner from her home on August 25, 2018.