Damages Personal injuries Locus of accident Evidentiary proof
Damages - Personal injuries - Locus of accident - Evidentiary proof
Facts: The plaintiff sought an order for damages for suffering personal injuries when she tripped and fell on the ground in a car park area maintained by the defendant. The plaintiff alleged that the defendant had failed in its duty to maintain the car park area in a safe and proper condition. The defendant disputed the evidence of the plaintiff in relation to the area where she had claimed to have fallen. The defendant argued that on the day of the accident, the plaintiff was heavily drunk and she had fallen in the area immediately in front of the decking and entrance to the clubhouse itself.
Held: Mr. Justice Barr dismissed the plaintiff’s claim. The Court held that the narration of the events given by the plaintiff was in contradiction with the evidence given by the defendant. The Court found that on the basis of the evidence of the witness, it was clear that the plaintiff was heavily drunk on the day of the accident and that she had fallen in an area other than that alleged by her. The Court held that the area where she had fallen had no hole as was falsely claimed by the plaintiff.
Walsh, Amy v Wexford Wanderers Rugby Club
7/4/2017 No. 2015/2657 P  IEHC 228