Injury claim for €38,000 in lawnmower case struck out

Caroline Walsh sued Dolphin House Community Development and Dublin City Council

Caroline Walsh (48), John McCormack Avenue, Walkinstown, Dublin,  formerly of Rafters Road, Drimnagh,  pictured leaving the Four Courts on Monday  after she appeared before the Circuit Civil Court. Photograph: Collins

Caroline Walsh (48), John McCormack Avenue, Walkinstown, Dublin, formerly of Rafters Road, Drimnagh, pictured leaving the Four Courts on Monday after she appeared before the Circuit Civil Court. Photograph: Collins

 

A 48-year-old grass-cutter, who alleged she was injured when thrown off a ride-on lawnmower, on Monday asked a court to strike out her claim for €38,000 damages.

Caroline Walsh, whose job was to cut the grass around Dolphin Park flats complex, Dublin, sued Dolphin House Community Development Association Limited and Dublin City Council.

Walsh, of John McCormack Avenue, Walkinstown, Dublin, and formerly of Rafters Road, Drimnagh, had claimed she had been thrown from the lawnmower when it malfunctioned.

Manoeuvring between bollards

Judge Jacqueline Linnane told Ms Walsh’s counsel, barrister Justin McQuade, that an application would have to be brought to change her pleadings when it was learned she was now claiming she had been injured while walking alongside the mower to manoeuvre it between bollards.

Mr McQuade said Ms Walsh had difficulty getting the grass chute to lift automatically and had dismounted to lift it while guiding the mower by holding the steering wheel with one hand and using her other hand to operate the accelerator.

When Judge Linnane said a new application would have to be brought on adjournment to amend pleadings, Mr McQuade, following talks with John Doherty, counsel for Dublin City Council, told the court the case should be struck out with no further order.

Judge Linnane struck out the case as well as a notice of indemnity between the two defendants.