Friday 30 September 2016

Pensioner (88) struck by Dunnes trolley awarded €60,000 damages

Ray Managh

Published 15/07/2016 | 02:30

Barrister Eileen McAuley told Judge Jacqueline Linnane that a worker in Northside Shopping Centre in Coolock, Dublin, 'blindly pushed' a pallet trolley stacked with boxes. (Stock Picture)
Barrister Eileen McAuley told Judge Jacqueline Linnane that a worker in Northside Shopping Centre in Coolock, Dublin, 'blindly pushed' a pallet trolley stacked with boxes. (Stock Picture)

An 88-year-old housewife who was struck by a trolley in Dunnes Stores has been given the maximum €60,000 personal injury damages a Circuit Civil Court judge can award.

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Barrister Eileen McAuley told Judge Jacqueline Linnane that a worker in Northside Shopping Centre in Coolock, Dublin, "blindly pushed" a pallet trolley stacked with boxes.

Ms McAuley, who appeared with Synnott Lawline solicitors, said the shop worker had failed to see Christina O'Reilly shopping with her daughter Mary.

"Prior to the accident, Ms O'Reilly had led an active social life which included ballroom dancing every Sunday night, which she had to give up," Ms McAuley said.

"She can no longer do her own shopping."

Ms McAuley told the court that Dunnes Stores had, just before the case was opened in court, conceded liability for the accident, meaning that the case was now one of an assessment of damages only.

She said the entering of a full defence earlier against Ms O'Reilly, who lives at Adare Drive, Coolock, Dublin, had delayed the proceedings coming to court due to her legal team having been put on full proof of what had happened.

She said Ms O'Reilly's daughter Mary, who was with her in the store when the accident happened, had since died.

Ms O'Reilly was helped in court by another daughter, Bernadette Gallagher, and insisted on giving evidence despite serious hearing difficulties.

Dependent

Judge Linnane said Ms O'Reilly had led a full, active social life up until the accident and had been living independently. She was now dependent on the help of her family.

The judge awarded Ms O'Reilly €60,000 damages and her legal costs and when counsel for Dunnes Stores asked for a stay to facilitate consideration of an appeal to the High Court, Judge Linnane ordered payment of €45,000 to Ms O'Reilly.

Irish Independent

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