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£5,000

Claimant fell whilst walking down badly worn and poorly maintained steps from a closed churchyard onto the public highway, suffering a fractured ankle.

I acted for my Client, a retired lady, who fell on badly worn and poorly maintained stone steps from a closed churchyard towards the highway. The local authority were deemed responsible for the maintenance by Statute.

 

Following her medical examination, she was diagnosed as having suffered a bimalleolar fracture to her left ankle, which fully resolved within two years post-accident.

 

The Defendant local authority fully denied responsibility for the accident and attempted to have the claim redirected to the Church itself, and then the Commissioners of the Church of England. Investigations with these two bodies determined that the responsibility for maintenance and repair of the churchyard, lay with the local authority. The churchyard had closed decades previously and was in poor repair.

 

County Court proceedings were issued and the matter listed for trial. Witness evidence was obtained from the Claimant and the lady who was with her at the time of the accident. My Client and her witness gave excellent evidence and the Court found in her favour. The Court awarded the Claimant £5,000.00.

– Paschal Kelly


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