202007.04
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Cork City Fall Compensation of €11,000 Awarded to Woman

A woman with a history of unfortunate accidents involving bad falls has been awarded €11,000 in relation to the injuries sustained in a fall at the junction of Lagan Grove and Shannon Lawn in Mayfield on November 13, 2015.

The accident happened at 10.30am and result in injuries to the knee and shoulder of the plaintiff, Ms Elizabeth Butler.

During proceedings Barrister James Duggan, acting on behalf of Cork City Council, questioned Ms Butler in relation to compensation claims made by her, and other members of her family, in the past. He suggested to to Ms Butler that many of these claims were of a similar nature.

60-year-old Ms Butler – with an address at Gweedore Avenue, Mayfield, Cork – responded from the witness box at Cork Circuit Court by asking Mr Duggan: “Did you ever fall, did you?”

Mr Duggan answered saying: “I have stumbled and fallen on occasions and I got up and I said to myself, wasn’t I the eejit not to be looking where I was going.”

Upon further questioning Ms Butler told the Court that said she had fallen and injured herself as the “The city is in an awful state” and that the accident was not her fault.

Mr Duggan informed  Judge James O’Donoghue said that, including this claim, the plaintiff had brought a total of five compensation claims over the years and made special reference to one claim 30 years ago. Ms Butler had not made this court known to the court. However, she stated that this was as she had no recollection of it.

In delivering his judgement Justice O’Donoghue was critical of the how Ms Butler behaved during proceedings. He said: “Ms Butler does not help herself by her attitude.” At this point Ms Butler move to interject from the body of the court during the judgement and the Judge advised her to “be careful how you answer me.”

The Judge informed Ms Butler that Mr Duggan had to, in his role as barrister, question her in relation to the compensation  filed herself and other members of her families previously as there has been many recorded incidents where “clusters of families are bringing claims.”

He went to say: “I do believe you had an accident but you are not helping yourself. Your attitude to Mr Duggan about your family propensity to bring claims left a bit to be desired.”

Justice O’Donoghue awarded Ms Butler €11,000 in street fall compensation for her injuries sustained in the fall.

Mr Duggan queried if there had been any any finding of contributory negligence by the plaintiff in relation to the claimant maintaining an adequate lookout before the accident. The Judge said that he had not due to the condition of the ground where the accident occurred. He said that “the corporation have left themselves open to be sued.”