Posted: August 20th, 2020A woman who experienced a fall while crossing the garage forecourt holding some groceries has been awarded €71,770 personal injury compensation at the High Court. The woman, Mary Delaney from Kilkenny, broke her two front teeth and fractured her ankle in the accident that occurred when she stubbed her toe on a lip of tarmacadam and fell to the ground. Justice Bronagh O’Hanlon delivered a ruling that the accident would not have taken place but for inadequate workmanship. It was stated that the use of an excessive depth of material in a patched area had led to an uneven surface with a 14 millimetre height difference that represented a tripping hazard to customers. The compensation action was submitted against Circle K Ireland Energy Group Ltd, formerly Topaz in relation to the pain and suffering that she sustained in the incident that took place on May 20, 2017. Ms Delaney informed the court that she was wearing a pair of shoes that had black laces when the fall occurred. The Judge was advised that Ms Delaney’s face was ‘black and blue’ after the fall and she could only consume liquids through a straw for a period of six months due to the extent of her injuries. As a result of the ankle injury she lacks complete freedom of movement and is stricken with a lack of movement. For the broken teeth she had to attend for orthodontic treatment on nine separate occasions to have her ailments addressed. Circle K, the defendant in the court case, counter claimed that the differed in the gradient of the forecourt was actually a gradual rise and not ‘lipped’ as had been alleged. The Judge said that Ms Delaney came across as a credible witness and a ‘a reasonable person’ who did not seek to make more of the injuries in any manner. Judge O’Hanlon said: “It is reasonably foreseeable that a person such as Ms Delaney would suffer such an accident in these circumstances as there was a lack of reasonable care in the reinstatement of the pavement”. Accepting that this was “an acrimonious case”, Ms Justice O’Hanlon granted Circle K’s application for a stay in the event of an appeal as long as €35,000 compensation and legal expensesare paid out to Ms Delaney immediately.