Posted: June 6th, 2017
A High Court judge has awarded €60,000 aggravated injury compensation for tripping on a footpath due to the upset caused by the defence against his claim.
In September 2011, the twenty-four year old jogger was running back to the home he shares with his parents at the Clondalkin caravan site in Dublin, when he tripped on a hole in the footpath and fell – fracturing a knuckle in his right hand. The jogger – who was a keen amateur boxer prior to the accident – has been able to go back into the ring after having surgery on his hand.
As the caravan site is owned by South Dublin County Council, the jogger claimed injury compensation for tripping on a footpath against the local authority – alleging that the footpath had not been maintained to a safe standard. South Dublin County Council denied liability for the jogger´s injury and contested the claim on the basis that his injury had been sustained in a boxing match and not as the jogger claimed.
The claim for injury compensation for tripping on a footpath went to the High Court where it was heard by Mr Justice Anthony Barr. During the cross-examination of the jogger, the council´s solicitor repeated the claim that the injury had been sustained in a boxing match and noted that the plaintiff claimed his alleged accident occurred one day after he suffered soft tissue injuries in a car accident.
The plaintiff acknowledged that he had been jogging the morning after a car accident, and he called an expert medical witness who testified it was not unusual for somebody in a good physical condition to try and “run off” an injury. Judge Barr said the expert´s testimony was a “credible explanation” for why the plaintiff had been jogging the morning after a car accident and found in the plaintiff´s favour.
The judge awarded the jogger €55.000 injury compensation for tripping on a footpath, plus an extra €5,000 aggravated damages for the upset he had felt for the implication made by South Dublin County Council his claim was fraudulent.