A PERSONAL injuries action by a woman injured in a skiing accident was unexpectedly halted yesterday after the judge hearing the case said she had suffered a similar accident. The case was settled later.
Colleen Cleary (44), Loreto Abbey, Rathfarnham, Dublin, had sued Traveldev Ltd, trading as directski.com, with registered offices at Blanchardstown Corporate Park, Dublin, after suffering a severe break to her ankle while on a skiing holiday in Lavigno, Italy, in February 2009.
It was claimed an instructor left Ms Cleary “on the side of the mountain”. She had no mobile phone with her and it was 45-60 minutes before a rescue team arrived. She received some treatment immediately and further treatment on her return to Ireland. Her ankle was in a plaster cast until the following April.
However, the case was halted during an opening statement by Patricia Dillon SC, for Ms Cleary, who said it was alleged the defendant was negligent on several grounds, including that ski boots supplied to her should have opened when she fell on the slopes.
It was claimed Ms Cleary was not asked relevant questions about her skiing experience and other matters before being supplied with the skiing equipment at her resort. It was also claimed the boot mechanism should have been adjusted to suit her and to allow for release in the event of a fall.
As Ms Dillon outlined the law under which it was being claimed the travel company was liable, Ms Justice Mary Irvine said she was unaware until that point it was being claimed the accident was as a result of alleged failure of a boot to release.
The judge said she had had a similar accident directly as a result of a boot not releasing and had to undergo major surgery.
There had been no legal proceedings over her matter but she wanted the parties to know about it in case they might think there was any prejudice on her part in dealing with the case.
After adjourning to allow the parties consider what the judge had said, Finbarr Fox SC, for the defendant, said his side had no difficulty in the judge continuing to hear the case as she had made a declaration as to the situation.
However, Ms Dillon said there was a concern on Ms Cleary’s side.
In those circumstances, the judge said she would put the case back into the list to be dealt with by another judge.
Shortly afterwards, the court was told by Ms Dillon that the matter had been settled and could be struck out.