A CO MONAGHAN woman who fell into a culvert, while visiting the home of a bereaved family to offer her condolences, has been awarded €230,000, plus costs, for personal injuries as a result of an action she took against the owner of the house.
Martina Marray-Tormey (44) of Oghill, Castleblayney, succeeded in the High Court claim against James McNally, a businessman, of Annagleve, Castleblayney, Co Monaghan, arising from her fall into the culvert, which was not covered at the time.
She claimed the incident on the evening of January 27th, 2005, in which she sustained personal injuries while visiting the house to attend a wake, was caused by the negligence by the defendant, or his agents, in failing to have the culvert adequately protected.
She said that as a result of the fall into the culvert she was shocked and felt immediate and severe pain in her right shoulder. Following an examination by her doctor, she was referred to the accident and emergency department of Our Lady of Lourdes Hospital in Drogheda.
The court heard that an X-ray examination confirmed she had sustained a number of fractures, some of which had caused her pain and restriction in her shoulder, which continued to affect her.
Mrs Marray-Tormey said that because of the incident she was unable to pursue her employment objectives and claimed she would otherwise have expected to earn a salary in the region of €28,000 to €31,000 per annum.
Mr McNally, through counsel, strenuously denied he was negligent and also denied the plaintiff sustained the alleged personal injuries or suffered the loss or damage claimed.
After legal arguments the judge awarded €230,000 to the plaintiff, plus costs.