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Woman Awarded €66,000 Against Tipperary County Council.

A Tipperary woman who fell from her bicycle, causing serious injury to her back, when she skidded as she cycled near her home; has been awarded €66,000 in the High Court.

Ms Justice Bronagh O’Hanlon agreed that stones and debris on a tarmacadam surface on the lane on which she was travelling and where she was thrown, constituted “a nuisance and a danger to the public”.

Mrs Nuala Ryan aged 61, of St Bernadette’s Terrace, Clonmel, Co. Tipperary, had sued Tipperary County Council over the accident which occurred on January 4th, 2014; claiming that her injuries were caused, not by the Council’s failure to repair the road surface on the lane-way, but by alleged negligent design and overall construction.

Claiming no liability could be attached to them; Tipperary County Council denied this claim; contending that same gravel on which Mrs Ryan skidded had been identified as either the breakup of the actual surface or some other infill material which had been used to repair existing potholes, by a third party.

Mrs Ryan informed the court that having skidded and fallen on the gravel which she described as being similar to “marbles on top of a skating rink” she had become trapped and unable to move, before being assisted by two other female road users.

Having been brought to hospital, it was established she had received a wedged compression fracture, leaving her with no alternative but to wear a spinal brace for some months afterwards.

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