A woman who slipped on a patch of icy ground in a Thurles car park three years ago; fracturing her ankle, has lost her action for damages before the High Court having sued Tipperary County Council.
Sixty one year old Mrs Mary Burke, Kylecrue, Drombane, Thurles, Co. Tipperary, had sued Tipperary County Council, following a serious fall which occurred in the Council car park, on February 15th, 2016. Mrs Burke had gone to a parking ticket pay station, which was on a raised concrete plinth, and having completed the transaction she stepped down onto a tarmacadam surface, before she slipping on ice.
The court heard that Mrs Burke, as a result of the fall, had suffered a very nasty fracture of her left ankle and had to be operated on to insert a medical plate and pins.
Mr Justice Kevin Cross stated in his judgement that he could not say that the subsidence in the car park surface, where the ice had accumulated, was due to any negligence or indeed bad workmanship by Tipperary Council.
Mr Justice Cross awarded costs of the one-day hearing against Mrs Burke, but stated that he would be pleased if Tipperary Council decided it would not enforce the costs order against her.
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