2016-12-07 · Wicklow
Judgement reserved in appeal against Hillwalker's award
Judgement has been reserved in a High Court appeal against a Circuit Court decision awarding €40,000 in damages to Teresa Wall. The appellant, Mrs Wall, claims she tripped and fell on a boardwalk on the Wicklow Way near the JB Malone memorial on the Sally Gap to Djouce trail, sustaining a gashed knee requiring seven stitches. She alleges the National Parks and Wildlife Service (NPWS) was negligent for allowing a defect in the boardwalk, specifically a hole in a rotted railway sleeper, which created a tripping hazard and public nuisance. The NPWS denies negligence, arguing that Mrs Wall contributed to her injuries by failing to look where she was going and that she assumed the risks inherent in hillwalking. Last April, Dublin Circuit Court judge Jacqueline Linnane found the NPWS negligent and ordered the payment of damages. The NPWS appealed this ruling to the High Court. The appeal concluded on Wednesday before Mr Justice Michael White, following legal submissions from both sides. Mr Justice White reserved his decision, stating he hopes to deliver judgement in February. The matter is therefore adjourned pending the final determination of the appeal.