The Court of Appeal found it was ‘erroneous’ to dismiss the cases against Tipperary County Council
The Court of Appeal has directed a fresh hearing of two separate actions brought by women who injured their ankles while getting off a playground swing.
The High Court previously dismissed the cases of Susan O’Mahoney and Sarah Kennedy, finding there was no negligence or breach of duty by Tipperary County Council.
On Friday, Mr Justice Seamus Noonan and two Court of Appeal colleagues found the dismissal was “erroneous”.
Fresh evidence adduced before the appeal court was capable of having a “very significant, if not indeed decisive effect” on the High Court’s conclusion that the swing in the community playground in Newcastle, Co Tipperary, complied with applicable British standards, the judge said.