CHEAP meals for thousands of senior citizens living alone could be discontinued, a court was told.
Dublin Corporation has threatened to close down 60 centres in which elderly people receive a subsidised hot meal each day after a 74 year old woman sought compensation for a broken leg.
Ms Margaret Hewson slipped on a piece of mashed potato in the dining hall at St Brichin's Park, Arbour Hill, an old people's flats complex, the Circuit Court President, Mr Justice Frank Spain, was told.
Describing Ms Hewson as a stoical lady who had not made a great deal of her suffering, he awarded her £12,500 damages and costs for personal injuries against Dublin Corporation.
Mr Justice Spain's judgment followed a statement to the court by the corporation through its counsel, Ms Gerardine Connolly.
When the judge stated that he felt he was entitled to hold that Ms Hewson had slipped on the mashed potato, Ms Connolly said that she had been instructed to point out that there were 60 sheltered housing schemes throughout Dublin, most of which were run by voluntary services.
She said that the corporation left the committees to virtually run the flats complexes with regard to the provision of meals on wheels.
If the corporation was held liable for damages, said Ms Connolly, it would have to close down the dining centres, because it could not afford to pay for their management.
Mr Justice Spain questioned the relevance of this information. When told that there was no legal basis for his taking into account the consequences of any decision he should make on a matter of negligence, he said that he should not have been told about it.
"I appreciate the services provided are costly and Dublin Corporation, in conjunction with voluntary committees and the Eastern Health Board, performs a wonderful and valuable service in providing meals for the elderly", he said.
While the system was subject to financial constraint, nevertheless, on taking on this function, the corporation became subject to certain obligations. It had to ensure that the service was operated in safe conditions, the judge said.
He told Mr Robert Barron, counsel for Ms Hewson, that with regard to the cleaning system the corporation had failed to provide adequate safeguards.
When Mr Barron objected to the corporation being granted a stay to facilitate an appeal to the High Court, Mr Justice Spain said that litigation was particularly difficult for someone of Ms Hewson's age and he was not prepared to make an order which would add to her difficulties.
The court heard that elderly people paid a contribution of £1.50 daily for their hot meal. The extra cost of food and staff was sponsored by the Eastern Health Board and the meals were served by voluntary workers. Dublin Corporation provided the premises and cleaning staff.