The High Court has overturned a Circuit Court decision to award €40,000 damages to a hill walker who suffered injuries after she slipped on a board walk on the Wicklow Way.
Mr Justice Michael White said this morning that he was satisfied to overturn the damages claim by Teresa Wall.
Ms Wall had sued the National Parks and Wildlife Service after she suffered injuries to her leg when she tripped on the boardwalk.
Last year Ms Wall was awarded the €40,000 in Dublin Circuit Court, however, the NPWS appealed the decision to the High Court.
In handing down his judgement this morning, Justice White said he had no doubt that Ms Wall was a ‘genuine’ person who had suffered ‘real’ injuries.
However , he also said that there was a high degree of negligence on Ms Wall’s part as she was not looking at the surface of the boardwalk when she fell.
After considering all points raised he went on to say that he was satisfied that the NWPS was not negligent and said he was allowing the NPWS’s appeal.
He then adjourned the matter for two weeks for both parties to consider the his decision.
He also asked lawyers for the NPWS to consider Ms Wall’s situation before making an application for legal costs.
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