Student who tripped on footpath settles case for €41,000

Junior Cert student Stephen Cassidy fractured ankle in fall near his Athlone home

Stephen Cassidy pictured leaving the Four Courts after a High Court action. Photograph: Collins Courts

Stephen Cassidy pictured leaving the Four Courts after a High Court action. Photograph: Collins Courts

 

A young man who twisted his ankle and sustained a small fracture when he tripped on a path has settled his High Court case for €41,000.

Mr Justice Kevin Cross was told then Junior Cert student Stephen Cassidy tripped on a section of the path near his Athlone home where a phone box had been removed and where the path had been reinstated.

The case was before the court for assessment of damages only.

Mr Cassidy, Sarsfield Square, Athlone, had, through his mother Imelda Cassidy, sued Westmeath County Council and Eircom Ltd over the incident on June 9th, 2016.

It was claimed there was failure to provide a safe public footway and works had been carried out on the footpath in an alleged negligent and unworkmanlike manner.

It was further claimed there was a failure to properly reinstate or repair the path after the telephone box had been removed.

Mr Cassidy, who is now aged 20, was walking on the footpath at 6am when he lost his footing and fell. He was taken to hospital where it was discovered he had a small fracture and he later had to have physiotherapy.

The court heard he missed school during his Junior Cert year as a result.

When he was reviewed a year later it was reported he had pain in his right foot if he had to walk a distance as short as eight minutes.

Mr Justice Cross approved the settlement.