Fish stall compensation case liability settled
The case was due to go into its second day before Mr Justice David Barniville but settled.
The plaintiff had already succeeded in her claim on undisclosed terms. The one issue remaining to be resolved in court was liability between the two defendants — Cork City Council and Kay O’Connell Ltd.
During this contested aspect of the case, on the opening day, each defendant effectively denied liability and suggested the other party was responsible.
By the time the case came before the court yesterday, Mr Justice Barniville was told the case had settled and that the costs could be awarded jointly and severally against both parties, meaning some liability attaches to both defendants but the apportionment was not disclosed in the court order.
Christine Mullane of Tweedmount, Blarney, was buying fish at Kay O’Connell’s fish stall in the English Market when she fell on the public aisle outside it and struck her head against a bar.
Ms Mullane, aged 63, visited there to buy fish on February 20, 2013. She ordered her fish and walked a few feet to pay for it to an area where a member of staff of the stall had been standing a moment earlier with a tray.
“She slipped and fell forwards and struck her head against a metal bar,” said Lorraine O’Sullivan SC.
“People came to her assistance, including Pat O’Connell, who got her a cup of tea. She was extremely upset.
“A very kind taxi man who was there took her to her husband and took her then to hospital.”
O’Connell’s operates the stall and Cork City Council owns the English Market.
