A woman who suffered catastrophic injuries when she allegedly tripped as she took a shortcut home after a night out has settled a High Court action for €2 million.
Monika Piech (40) has to use a wheelchair and needs 24-hour care after it was claimed she suffered brain damage in the fall in Tramore, Co Waterford, seven years ago, the court heard.
Michael Counihan, Piech’s counsel instructed by MM Halley Solicitors, told the court it was their case that Piech tripped on loose wire in a grassy area and was pitched forward, falling more than a metre down on to the ground of an adjacent car park.
She was unconscious when located, Counihan said.
She had landed on her head and sustained brain damage, Counihan said. The loose wire, it was claimed, was attached to a broken-down and trampled fence.
Piech had been out on the night of March 17th, 2019, and was taking a shortcut home at about 2am after getting a takeaway when the accident happened. Counihan said investigating gardaí later found wire in the grass area. Piech was lucky to survive the fall, he said.
Piech, of Tramore, Co Waterford, had, through her mother Malgorzata Piech, sued a number of parties but the court heard that the settlement − which was reached after a prolonged mediation − was with Bus Éireann.
The settlement reflected a 50-50 apportionment in relation to liability, counsel said.
Counsel pointed out that although Piech had some drinks on the night in question, there was no suggestion of her being inebriated.
In the proceedings it was alleged that the fallen fence and wire comprised a danger.
It was further alleged there was a failure to maintain the fence and a failure to remove a broken fence and wire. It was further claimed there was a failure to eliminate the danger. It was also alleged there was a failure to warn Piech of the alleged danger.
All of the claims were denied and Bus Éireann alleged that Piech had failed to look where she was going, had needlessly endangered herself and had contributed to her own misfortune.
Approving the settlement, Judge Leonie Renolds said she was happy to hear Piech had made remarkable progress to date.