Judgment: 2019-05-17 · Court archive

High Court upholds Tipperary footpath liability ruling and increases damages to €56,350

The court found that subsidence caused a 15 mm lip in the footpath where Noreen Meehan fell in 2015, and awarded €55,000 in general damages plus €1,350 in special damages.

High Court · [2019] IEHC 432

Who, what, where, when and why

Who
  • Noreen Meehan (Plaintiff)
  • Tipperary County Council (Defendant)
  • Bronagh O’Hanlon (Judge)
What

The court found that subsidence caused a 15 mm lip in the footpath where Noreen Meehan fell in 2015, and awarded €55,000 in general damages plus €1,350 in special damages.

Where

Places mentioned in the report

  • Clonmel
  • Cahir Road
  • Fan Aoibhinn Estate
When

Judgment:

Why

Reasons reported in the judgment

The High Court has upheld a Circuit Court finding that Tipperary County Council was liable for a woman’s fall on a Clonmel footpath, and set damages at €56,350.

The High Court has upheld a Circuit Court finding that Tipperary County Council was liable for a woman’s fall on a Clonmel footpath, and set damages at €56,350.

Noreen Meehan said she tripped on a raised lip between concrete slabs on the Cahir Road on 6 August 2015, about 20 yards from the entrance to Fan Aoibhinn Estate. She fell onto her right side and fractured her right humerus. The Circuit Court had found for her and awarded €36,350 plus costs in May 2018. The County Council appealed.

The dispute on appeal included whether tree roots or subsidence had caused the footpath lip, which measured 15 mm. The Council’s engineer said excavation showed the path had been lifted by maple roots. The plaintiff’s engineer attributed it to subsidence from poor foundations, pointing to the unchanged height over three years and evidence of settlement. Her forestry consultant said the roots grew downwards and had not caused the lip. The Council’s forestry expert gave a contrary opinion about root growth.

Justice Bronagh O’Hanlon accepted the evidence of the plaintiff’s engineer and forestry consultant. The court found, on the balance of probabilities, that one concrete slab had subsided because of a failure to construct a proper foundation. It held the hazard was reasonably foreseeable and found the Council liable in negligence, breach of duty, including statutory duty, and nuisance. The Council had not proved that upward root growth was an intervening cause.

The High Court affirmed the Circuit Court’s order on liability. It also assessed damages, taking account of Meehan’s three-part fracture of the upper arm, bruising and soft tissue injuries, treatment, and recovery. She wore a shoulder brace and needed help with daily care for seven weeks while staying with her daughter. The judgment said she was largely recovered but continued to have discomfort, including difficulty lying on her right side.

The court awarded €55,000 in general damages and €1,350 in special damages: €1,050 for care and €300 for trips to the fracture clinic. The judgment identifies the affirmed Circuit Court order as concerning liability and states the High Court’s damages assessment; it does not describe a separate formal order varying the original award.

Read the original court judgment

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