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Sunday 31 August 2014

Mum faces legal costs bill after losing Aldi sweets claim

Saurya Cherfi Saurya Cherfi

Published 18/03/2014 | 14:50

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A 38-year-old mother of four was left facing a hefty bill for legal costs today after a judge threw out her damages claim against an Aldi store where, she claimed, sweets may have caused her downfall.

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Judge Alison Lindsay said housewife Clara Nebanmor had not mentioned until today that she had seen sweets lying on the floor after “something under her foot” had caused her to fall in October 2012.

The judge said in the Circuit Civil Court she had failed to prove that the Aldi store in Naas, Co Kildare, had been negligent or had failed in its duty to care to her as a customer.

Nebanmor said she had been carrying a few items while walking along a shopping aisle when something had caused her to fall forward face down on the floor injuring her knees, chest, abdomen, and shoulder.

She told the court she had only seen the sweets when she was on the floor and had failed to mention them to the manager at the time because she had been confused and distressed.

Nebanmor, of The Crescent, Curragh Bridge, Newbridge, Co Kildare, said she “should think she fell on a sweet.”

Judge Lindsay heard she had been referred by her GP to the A&E Department of Naas General Hospital, where X-rays revealed she did not have any fractures. She had suffered soft tissue injury to her knees, chest and shoulder for which she took anti-inflammatory pills and painkillers..

Barrister Tom Fitzpatrick, counsel for Aldi, asked that Nabanmor’s case be dismissed on the basis she had failed to establish negligence on the part of the store.

Judge Lindsay awarded legal costs against Nabanmor.

 

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