Thursday 27 April 2017

Dunnes Stores worker who slipped on grease after fall in deli area awarded €182k

Sharon Byrne had to have operation on her ankle and was not able to wear high heels after the accident

1/2/2017
Sharon Byrne from Carlow pictured arriving at the Four Courts for the second day of her High Court action.Pic: Collins Courts
1/2/2017 Sharon Byrne from Carlow pictured arriving at the Four Courts for the second day of her High Court action.Pic: Collins Courts
Independent.ie Newsdesk

Independent.ie Newsdesk

A DUNNES Stores deli worker who slipped on grease on the floor of her work station has been awarded more than €182,000 by the High Court.

Mr Justice Kevin Cross said the accident which befell Sharon Byrne was "eminently foreseeable".

Ms Byrne had told the court she had not  worked since the accident five years ago after suffering a soft tissue injury to the ankle.

At the time of the accident, she was a part-time worker behind the deli counter at Dunnes in Graiguecullen, Co Carlow.

She told the court she had to have operation on the ankle and was not able to wear high heels after the accident.

Ms Byrne (50), Staplestown Road, Carlow town, had sued Dunnes over the accident on January 2, 2012.

She claimed she fell suddenly and without warning on an alleged greasy surface at the deli counter area  and hurt her ankle.

She further claimed there was an alleged failure to provide her with a safe system of work.

There was an alleged failure to place non slip mats in the delicatessen work area when it was known or expected food or other material could be on the floor.

The claims were denied.

Dunnes also contended contributory negligence on her behalf and claimed she failed to keep any or any adequate lookout.

Mr Justice Cross said he found Ms Byrne to be a most honest witness.

He accepted the evidence of her engineer who contended that it was an unsafe system where food containing grease  was emptied in to a bin liner when there should have been a rigid bin. 

Mr Justice Cross did not find there was any contributory negligence.

He assessed total damages at €182,890.

He granted a four week stay in the event of an appeal providing €50,000 was paid out immediately.

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