Woman loses suit against motorist

A woman who suffered a fall on a footpath has failed in her claim for damages of up to £30,000 against a motorist.

A woman who suffered a fall on a footpath has failed in her claim for damages of up to £30,000 against a motorist.

Dismissing the claim of Ms Imelda Hurley in the Circuit Civil Court yesterday, Judge Harvey Kenny said he accepted she did fall on a footpath at Main Street, Blanchardstown. "I think Ms Hurley thought her fall had been caused by a car but I have to hold otherwise," Judge Kenny said.

He told Mr Conor Devally, counsel for the motorist, Mr Gabriel O'Toole, that he accepted his client's denial of responsibility and the evidence of an independent witness who said she had seen Ms Hurley slip and fall on the footpath just as Mr O'Toole's car passed.

Ms Hurley, of Navan Road, Dublin, had sued Mr O'Toole, of Oakview Way, Hartstown, Dublin, claiming the car had struck her feet, knocking her down. Judge Kenny awarded costs against her.