A 42-YEAR-OLD mother fell and broke her shoulder while saving her six-year-old daughter from tripping over a chain fence outside a creche, a court heard.
Judge Jacqueline Linnane decided it was the act of saving her daughter, Nicky, that was responsible for Tracy Donnelly's fall and not any negligence on the part of the creche owners.
The judge dismissed Donnelly's €38,000 damages claim against The Leopardstown Club Ltd, Westwood Swimming Ltd, and Templeville Developments Ltd which trades as Fitzone Creche and Montessori at Leopardstown Racecourse, Dublin.
Ms Donnelly, of St Brigid's Close, Foxrock, Dublin, told defence barrister Angus Buttanshaw she was dropping Nicky to a party in the creche on Sunday, November 25, 2007.
When they had got out of the car Nicky had headed off towards the creche with presents in her arms and she saw her stumble. In saving her she had fallen over the fence herself, breaking her left shoulder.
She said she had not seen the chain, which was very low to the ground.
Brenda Flood, managing director of Templeville Developments, the Westwood Club, said more than half-a-million children had used the area over the last 12 years without incident involving the chain.
Dismissing her case and awarding legal costs against her, Judge Linnane said there was no negligence by the defendants. Ms Donnelly had fallen over the chain while distracted.