Tuesday 25 October 2016

Woman loses claim against supermarket after falling on broken eggs

By Saurya Cherfi

Published 24/04/2015 | 13:55

The Four Courts in Dublin
The Four Courts in Dublin

A 24-year-old unemployed woman, who claimed she suffered injuries after slipping and falling on broken eggs in a supermarket, has lost a €38,000 damages claim.

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Lisa McDonagh had told the Circuit Civil Court that in September 2012, she had been doing her grocery shopping with a friend at Iceland, Le Fanu Road, Ballyfermot, Dublin, when the accident happened.

 McDonagh, of Rosebank Place, Clondalkin, Dublin, said she had almost finished her shopping when she slipped on the eggs and fell, striking her head, right shoulder and arm on the floor.

She had been assisted by a member of staff before being taken by ambulance to St James’s Hospital in Dublin. X-rays had revealed no fracture. She suffered soft tissue injuries to her neck and shoulder.

McDonagh today told Circuit Court President Mr Justice Raymond Groarke that she suffered pain in her shoulder and migraines for several weeks after the accident, but had since recovered.

Her daily life and swimming activity had been disturbed. She sued Aim Cash and Carry Ltd, which trades as Iceland, with a registered office at Northumberland Road, Ballsbridge, Dublin, for negligence and breach of duty.

Barrister Tom Clarke, for Iceland, said the store denied liability as CCTV evidence showed a man dropping the eggs 90 seconds before Ms McDonagh slipped on them.

Mr Clarke said there was nothing the store could have done in such a short lapse of time.

Judge Groarke, dismissing McDonagh’s claim, said he could not find the store had been negligent.

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