A woman who fell into an open grave as she sympathised with the chief mourner at a funeral has settled a High Court damages action on undisclosed terms.
Margaret Walsh (77), of Connolly Park, Tralee, Co Kerry, sued the undertakers, the gravediggers and the local council which owns the graveyard in Balgriffin, north Dublin. The defendants denied her claims of negligence.
Ms Walsh was attending the funeral on September 3rd 2011 of a first cousin when she fell into the grave and allegedly hurt her back, arm, hip and neck.
She claimed, when she toppled into the grave, earth started coming in on top of her and she suffered a tremendous shock.
It was claimed she had to spend ten days in hospital and a consultant doctor noted she sustained multiple soft tissue injuries in a “very unusual” accident from which she was allegedly quite traumatised.
When the case came before Mr Justice Michael Hanna on Wednesday, he was told it had been settled.
The judge was told the case could be struck out against all parties with costs against all the defendants except the graveyard owners, Fingal County Council, which is not liable for any costs.
The details of the settlement are confidential.
Ms Walsh had sued undertakers, Allied Funeral Services trading as Stafford and Jennings North Strand Road, Dublin, and Allied Funeral Services Ireland Ltd of the same address; Fingal County Council; and gravediggers Paul Tierney and Martin Molloy trading as Tierney Molloy of Kileek, St Margarets, Co Dublin.
She claimed she was allowed to walk near the open grave when the defendants ought to have known it was unsafe and dangerous for her to do so and alleged failure to warn her of the dangers.
It was further claimed there was failure to provide a secure foothold and to properly guard or fence the open grave and that it created a trap for her.
It was further claimed there was failure to institute an adequate system of inspection and maintenance of the open grave whereby the alleged defect in the excavation guarding of the grave might have been detected and remedied
Ms Walsh did not suffer a bone injury but claimed she was sore around the thoracic region and lower back and was stiff and restricted in the left shoulder after the accident.
Her cheeks were also sore and she had been struck in the face by her handbag as she fell.
It was claimed she was extremely emotionally upset and embarrassed by the incident.She claimed she was restricted in her ordinary everyday activities and her ability to work had also been impacted.