A HIGH Court judge has awarded a woman €115,000 damages over ankle injuries suffered in a fall from a “crumbling step” at her former brother-in-law’s home after rejecting defence claims she fell over a cat.
Margaret Caldwell said she had seen a black cat nearby after her fall but denied the fall was caused by tripping over it. As she picked herself up, she had thought to herself the cat had not brought her good luck, she said.
The defence had claimed the cat had tripped her and denied the fall was caused by “a crumbling step”.
Yesterday, Mr Justice Sean Ryan said he accepted the fall was caused by the step and not the cat. Awarding €115,000 damages, the judge said Ms Caldwell had had “a pretty miserable time” over some four years due to her injuries.
Ms Caldwell (52), Oakleigh, Dublin Road, Navan, Co Meath, had brought the case against Eugene Caldwell, her former brother-in-law, of Drumcargy, Carrickmacross, Co Monaghan, as a result of the fall at his house on May 9th, 2007.
The court heard her former husband Patrick Caldwell, from whom she has been separated for some time, had contacted her in May 2009 asking her to help with getting a room ready at Eugene’s home for their mother, who was returning from hospital.
While removing bags from the house, Ms Caldwell said she felt a step crumbling beneath her. She fell and suffered a broken ankle.
Afterwards, she noticed a black cat sitting to her left with green eyes and thought the animal did not bring her much good luck. The step was all broken when she looked back after the fall, she said.
She suffered a fractured ankle and after an operation was wheelchair-bound for eight weeks, she said. She still had throbbing, grinding pain in her legs and was on sleeping tablets and painkillers.
After Mr Justice Ryan’s decision, Joseph McGettigan SC, for the defendant, asked for a stay on the award in the event of an appeal.
The judge agreed to a stay on condition €65,000 was paid now to Ms Caldwell.