Woman who slipped on vomit is awarded €64,000
Published 09/07/2014 | 02:30
A WOMAN who slipped on a pool of vomit and fell at a cafe bar has been awarded more than €64,000 in damages.
Mr Justice Kevin Cross said he found mother-of-two Sarah Jane Burdis (29) to be an honest witness who did not exaggerate any of her symptoms.
Ms Burdis, Grangemore Grove, Donaghmede, Dublin, had sued Wright's Cafe Bar Airside Ltd as a result of the slip and fall at the Wright Venue in the Airside Retail Park on July 9, 2011.
She claimed the cafe company, with offices at Seatown Road, Swords, Co Dublin, neglected or failed to clean the vomit from the floor h where it presented a hazard.
She further claimed there was a failure to give any or adequate warning of the vomit on the floor. Liability was accepted, and the case was before the court for assessment of damages.
In evidence, Ms Burdis said she was sitting at a table in the cafe bar and when she went to stand, she fell on a pool of vomit on the floor.
She said people came to her assistance and she was picked up and put sitting down again. Somebody brought her to the toilets to clean her clothes. She said it was very hard afterwards to do her job as a swimming instructor, and she was limited in the movement she could do.
The court heard that after the fall Ms Burdis got an immediate headache and had pain the next day and went to a doctor. She continues to suffer from lower back pain.
Mr Justice Cross said liability was not contested, which was a sensible attitude to adopt. Ms Burdis' pain will subside but not entirely, the judge said.
He awarded general damages for pain and suffering to date of €45,000 and €15,000 for pain and suffering in to the future. He also gave her special damages which were agreed at €4,325 bringing the total award to €64,325 plus costs.