A case brought by a woman who claimed the ground went from under her and she severely injured her back when she fell 15 feet on to rocks below while strolling at Blessington Lakes has been struck out at the High Court.
Mother of three Alison McCurtin had taken the action against the ESB over the fall 14 years ago on the Lacken side of the ESB reservoir at Blessington when she claimed the ground disappeared underneath her and she fell backwards.
On the fourth day of the action today, Mr Justice Anthony Barr was told the case could be struck out. Another case brought over a car accident in Wexfrod was also struck out.
Alison McCurtin (38) Orwell Park Green, Tempelogue, Dublin had sued the ESB as a result of the fall while she walked along the banks of Blessington Reseevoir on August 26, 2003.
She had claimed that owing to alleged negligence she was caused to fall backwards to the shore below when the ground allegedly disappeared from under her.
She had claimed there was an alleged failure to have any adequate warning signs that the undercut shore banks were dangerous and an alleged failure to warn those present that walking close to the edges of the banks should be prohibited.
She had further claimed the ESB allowed her to use the lake shore as a recreational walk when the allegedly undermined banks were a trap because they looked solid.
The ESB had denied the claims and contended Ms McCurtain allegedly failed to have any or any adequate regard for her own safety and allegedly failed to take any or any adequate precautions for her own safety. The ESB also claimed Ms McCurtain allegedly failed to heed the signs it says were close to the area of the accident.
In a second case, Ms McCurtin had also sued in relation to an unrelated car accident on October 29, 2004 at Newline Road, Co Wexford. She had sued the driver of a car – Bill Stafford, Wittyshill, Wellington Bridge, Co Wexford – which ran in to the back of a car in which she was a passenger.
She had claimed the road accident exacerbated the injuries from the Blessington accident. The court heard liability was admitted in car accident case which was before the court for assessment of damages only.