A member of Aer Lingus ground crew who allegedly fell and injured herself while walking on an airbridge in Dublin Airport has settled her High Court action over what a judge was told was “a simple accident”.
Deirdre Fitzpatrick Lally (54) of Beechwood, Kinsealy, Malahide, Co Dublin, sued Aer Lingus and the airport operator, DAA plc, over the accident at the tunnel of an airbridge - which joins the plane to the terminal - at Gate 426 in Terminal 2 on November 26th, 2017.
She claimed that after entering the tunnel of the airbridge she was caused or permitted to be thrown forward and fall. She claimed she fractured her right elbow and suffered a soft tissue injury to her left foot in the accident.
She claimed there was, among other things, a failure to ensure the airbridge was free from defects and/or hazards and a failure to take all reasonable care for her safety while carrying out her work.
The defendants denied the claims.
The case was due to be heard before Mr Justice Tony O’Connor on Wednesday when, following talks, the judge was told by John FitzGerald SC, for Ms Fitzpatrick Lally, that the matter could be disposed of.
The court was told the case against DAA could be struck out.
Murray Johnson SC, for Aer Lingus, said there should be an order that the settlement, for which no figure was given, should be 80 per cent in favour of Aer Lingus and 20 per cent for Ms Fitzpatrick Lally.
He said had the case gone ahead CCTV would show Ms Fitzpatrick Lally walking down the airbridge and falling. There was no liquid spilled or obstacle and “countless passengers” had walked up and down the airbridge without difficulty, he said.
“It was a simple accident”, he said.
Ms Fitzpatrick Lally had her hands in her pockets and while there is always a risk in fighting the matter, his side had a very good case, he said.
Mr Justice O’Connor noted the settlement and ordered that liability for Aer Lingus be reduced by 80 per cent due to contributory negligence and degree of causation.
He said costs are yet to be agreed between the parties. He adjourned the matter for a month.
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