Tuesday 25 April 2017

Dunnes cleaner awarded €36k after trip in freezer

Kevin Keegan Picture: Maxwells
Kevin Keegan Picture: Maxwells

Tim Healy

A supermarket cleaner who tripped on shrink wrap has been awarded €36,000 by the High Court.

But Mr Justice Anthony Barr found Kevin Keegan was 20pc responsible for the accident at the Dunnes Stores, Clondalkin, Dublin, in October 2013.

The judge said Mr Keegan, who was a duty cleaner in the store, was directed by his manager to go to the freezer in the storeroom and get boxes of pizzas.

Having got the boxes, he was stepping off a pallet when he tripped and fell to the ground.

Mr Keegan, of Corbally Park, Tallaght, had sued Dunnes as a result of the accident, in which he fractured a bone in his right foot. He had claimed the shrink wrapping was removed from the products on the pallets and should not have been left on the floor of the freezer but should have been disposed of.

Dunnes accepted the accident occurred in the manner described, but contended Mr Keegan was trained to carry out an assessment of any area in which he was required to work. If he had done so he would have seen the shrink wrapping and removed it.

Mr Justice Anthony Barr said the shrink wrap had been cut away by another employee who had negligently left it strewn on the floor. Dunnes was liable for the negligence of that employee in leaving the area in an unsafe condition, he said.

As a result of contributory negligence by Mr Keegan, the judge reduced the total award from €45,400 to €36,320.

Irish Independent

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