A woman who fell into an open grave as she sympathised with the chief mourner at a funeral has settled her action for damages at the High Court.
Margaret Walsh, 77, from Tralee in Co Kerry, sued the undertakers, gravediggers and the local council that owns the graveyard in Balgriffin in North Dublin. The defendants denied negligence.
The court was told today the case had been settled. The terms of the settlement were not disclosed.
Ms Walsh was attending a cousin's funeral on 3 September 2011, when she fell into the grave.
She said when she toppled in, earth started coming in on top of her and she suffered a tremendous shock. She said she hurt her back, arm, hip and neck and had to spend ten days in hospital.
Ms Walsh sued undertakings Stafford and Jennings from North Strand Road in Dublin, Fingal County Council and gravediggers, Tierney Molloy of St Margaret's in Co Dublin.
She claimed she was allowed walk near the open grave when the defendants ought to have known it was unsafe and dangerous for her to do so. She claimed there was a failure to warn her of the dangers.
She also alleged there was a failure to provide a secure foothold and to properly guard or fence the open grave, and that it created a trap for her.
The court heard Ms Walsh had not broken bones, but she was sore around the thoracic region and lower back and was stiff and restricted in the left shoulder after the accident.
Her cheeks were also sore and she had been struck in the face by her handbag as she fell. Ms Walsh claimed she was extremely emotionally upset and embarrassed by the incident.
She said her ability to work had been affected and she had been restricted in her everyday activities.
Mr Justice Michael Hanna heard the case could be struck out against all parties with costs against all the defendants except the owners of the graveyard, Fingal County Council, which is not liable for any costs.
