Thursday 27 October 2016

Grandmother who slipped on yoghurt is awarded €55k damages

Ray Managh

Published 09/07/2016 | 02:30

Dee Kenny of Watson Drive, Killiney, Co. Dublin leaving court after the hearing.
(Pic: CourtPix.)
Dee Kenny of Watson Drive, Killiney, Co. Dublin leaving court after the hearing. (Pic: CourtPix.)

A 59-year-old Dublin woman, who suffers ongoing shoulder pain and can no longer lift her grandchildren since she slipped and fell on yoghurt in a Tesco store four years ago, has been awarded €55,000 damages in the Circuit Civil Court.

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Dee Kenny told the court that in April 2012 she was shopping in Tesco, Ballybrack, Co Dublin, when she slipped on yoghurt and fell on her right side.

Ms Kenny said she suffered immediate pain in her right hand and hip. She was helped up by her son and a customer and went home after speaking with a Tesco manager.

She told her barrister, Kieran O'Callaghan, that her hand and hip were very sore the following day and she went to St Columcille's Hospital. The court heard that X-rays revealed no fracture. Ms Kenny, of Watson Drive, Killiney, Co Dublin, had suffered bruising to her hip and a sprain to her right thumb.

She said she developed pain in her right shoulder a few weeks later. Following further medical examinations, an ultrasound revealed that she had suffered a tear to her shoulder rotator cuff. The court heard that the accident had exacerbated a pre-existing degenerative condition in her shoulder.

Ms Kenny told Judge Francis Comerford that she had given up her job as a laundry operative because of ongoing pain in her shoulder. The court heard that she underwent surgery last year. She said she was attending physiotherapy sessions and her pain was expected to improve.

She said her life had been affected, as she could not lift her grandchildren and had to give up swimming activities.

She sued Tesco Ireland Limited for negligence. Mr O'Callaghan said the store accepted the accident had happened and Ms Kenny's case had become an assessment of damages only.

Awarding Ms Kenny €55,000 damages, the judge said he was satisfied that her shoulder pain had developed a few weeks after her fall.

Irish Independent

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