A woman who sued Dublin's Blackrock Clinic over injuries suffered after she claimed she tripped and fell over a kerb in the clinic grounds is facing a substantial legal bill – believed to run into six figures – after losing her case.
Tina Altman, who represented herself, will have to pay the legal costs of the Blackrock Clinic of the four-day High Court action.
Ms Altman (60), The Birches, Foxrock had sued Blackrock Clinic Ltd, Blackrock, Dublin over the incident on June 29th, 2006.
She claimed she suffered a head injury and immediately afterwards had no movement in her legs except for some minor movement in her toes. She also said she suffered pain in her lower back and neck and also complained of headaches, facial pain and arm pain after the accident.
Blackrock Clinic denied the claims and contended Ms Altman was the author of her own misfortune.
Mr Justice Barton said there was no doubt Ms Altman suffered injuries which, on a human level, one had sympathy for. However, she had failed to prove her case in accordance with law, he found.
Mr Justice Barton said Ms Altman had driven into the Blackrock Clinic to collect her mother at the time of the incident and gave evidence she was looking for a car parking space when she saw a free space in the section reserved for staff.
She reversed into the space and was on her way across the walkway when she turned back for her phone, the judge said. Holding her handbag and phone, Ms Altman made to go across the walkway again when she said her foot caught on something, he said.
The judge said Ms Altman claimed large trees and bushes at the edge of the walkway made the area “like black dark” and she was certain her foot caught something like a kerb.
The judge said it was accepted by the defendant the kerb bad been painted by a groundsman on a date after Ms Altman’s accident.
The judge said he had looked at CCTV stills from the 25 cameras in the Blackrock Clinic grounds, but they were not of assistance as to the cause of Ms Altman’s fall because she was just seen “disappearing behind a large sign”.
Ms Altman was mistaken in her recollection there was no pedestrian crossing, he said. Ms Altman was very familiar with Blackrock Clinic and, even if she had never been there before, the presence of the kerb and walkway were clearly visible, he found.
The judge also awarded the costs of the four-days case against Ms Altman.
