Posted: August 3rd, 2020
In Cork a woman who has a record of submitting compensation claims in public places has been awarded €11,000 personal injury compensation for the injuries she experienced in in a fall at the junction of Lagan Grove and Shannon Lawn in Mayfield.
Ms Elizabeth Butler sustained injuries to her knee and shoulder in the accident happened at 10.30am on November 13, 2015. The woman was grilled by legal counsel for Cork City Council, barrister James Duggan, in relation to her history of compensation claims for falls in public places. Respondoing to the line of questioning, 60-year-old Ms Butler asked Mr Duggan: “Did you ever fall, did you?” To which he replied: “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.”
It was entered into the record of the court by Mr Duggan that Ms Butler has submitted no less than five compensation claims on earlier occasions, including one that she had not made known to the court.
As he was approving the final award of compensation Justice O’Donoghue took the opportunity to admonish Ms Butler for her response to being questioned, He said: “Ms Butler does not help herself by her attitude.”
The Judge explained to Ms Butler that in his role as barrister it was the duty of Mr Duggan to ascertain the details of her previous claims due to many other incidents of “clusters of families are bringing claims.” During this Ms Butler attempted to interrupt when she was advised by the judge to “be careful how you answer me. 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.”
Mr Duggan asked the judge if there was any ruling in relation to contributory negligence on behalf of Ms Butler due to the fact that it was felt by his client that she may not been maintaining an appropriate out lookl prior to the accident taking place. The Judge informed him that there had not and that the state of the ground where she fell was this reason for this and that “the corporation have left themselves open to be sued.”
Justice O’Donoghue awarded Ms Butler €11,000 in street fall compensation for her injuries she suffered in the accident.