Woman fails in damages claim over fall at Neil Diamond concert

An RTÉ employee, who claimed she cut her right shin after she tripped and fell while attending a Neil Diamond concert at Dublin's Aviva Stadium, has lost a €38,000 damages claim in the Circuit Civil Court and is now facing a significant legal bill.

Hillary Paolozzi told the court that in June 2011 she and friends were descending the gangway to access their seats when one of her feet got caught in the nosing strip of a step.

She said she tumbled and was helped up by a friend, Sharon. They had been seated when she realised that her jeans and right shoe were stained with blood.

Ms Paolozzi told barrister Elaine Power, counsel for the venue's owner New Stadium Ltd, that she and her friends had gone back into a hall where a staff member and paramedics assisted her.

She was shocked and shaken and taken by ambulance to St Vincent’s Hospital in Dublin. The court heard that she suffered a deep laceration to her shin which left a permanent visible scar.

Ms Paolozzi, of Eden Grove, Tudor Grange, Rathfarnham, Dublin, claimed she had difficulties walking following her injury. She sued New Stadium Ltd, of Aviva Stadium, Ballsbridge, Dublin, for negligence.

The defendant denied liability and alleged that she had been wearing high heel shoes on the day.

Judge Francis Comerford said he found Ms Paolozzi to be an honest and credible witness and he accepted that she had given a truthful account of what had happened.

He was unable to find any basis to determine that the design on the steps would make someone trip and fall and therefore he found the stadium had not been negligent.

The judge dismissed Ms Paolozzi’s claim and awarded legal costs against her.