Monday , December 10 2018
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Claim for a Broken Ankle in a Pothole Accident Resolved Out of Court

A woman has resolved her claim for a broken ankle in a pothole accident for an undisclosed amount after the first day of a hearing at the Circuit Civil Court.

Pamela Duffy (52) from Shankill in County Dublin broke her ankle due to tripping over a pothole outside of the Tel El Kebir (TEK) United Football Club after celebrating her husband´s fiftieth birthday at the venue on 1st October 2011.

Pamela was taken to hospital, and fitted with a below-the-knee plaster cast that remained in place for the next six weeks. She also had to wear a boot brace and use crutches to assist her when she was walking.

After seeking legal advice, Pamela made a claim for a broken ankle in a pothole accident against the football club – who contested her claim on the grounds that Pamela had admitted to drinking ten pints of beer prior to her accident and had contributed to her injury due to her own negligence.

The club also argued that, as a member of the football club, Pamela was prohibited from making a claim for a broken ankle in a pothole accident as she would effectively be suing herself. Pamela disputed that she was a member – although it later emerged that her husband had once submitted an undated application on Pamela´s behalf.

At the Circuit Civil Court in Dublin, Judge Jacqueline Linnane told the parties that there would have to be a preliminary hearing to determine whether Pamela was indeed a member of the football club, and she adjourned the hearing to give the two parties an opportunity to resolve the claim for a broken ankle in a pothole accident by negotiation.

When the two parties returned, Judge Linnane was told that Pamela´s claim for a broken ankle in a pothole accident had been resolved for an undisclosed amount and that the case could be struck off.