Wednesday 19 September 2018

Bride-to-be sues over fall in Marks & Spencer

A woman has taken action against Marks & Spencer in the High Court.
A woman has taken action against Marks & Spencer in the High Court.

Tim Healy

A woman who claims she slipped on an alleged grease like substance in the food hall of Marks & Spencer in Dublin’s city centre has sued in the High Court.

Bernadette Flynn was shopping with a friend for bridesmaids dresses for her upcoming wedding when she claims she fell to the ground as she walked through the food hall of the Mary Street store.

“My leg went up in the air. I went down. I was completely shocked,”she said.

Ms Flynn said she was crying and embarrassed and could not get up. She said her friend went to get help but could not find anyone, but another shopper helped her to her feet.

Ms Flynn (49),Rope Walk, Ringsend, Dublin has sued Marks & Spencer Ireland Ltd after she claimed she fell in the food hall of the Mary Street store on February 6, 2016.

She has claimed she hurt her wrist and hip and afterwards had difficulties in relation to domestic activities such as vacuuming and ironing and she could not blow dry her hair.

She has claimed there was a failure to take any reasonable steps or precautions for her safety and an alleged failure to provide and maintain a safe and adequate system of cleaning of the premises.

Mr Justice Anthony Barr was told the claims were denied and Marks & Spencer has also contended there was contributory negligence on the part of Ms Flynn who it has alleged did not keep a proper lookout. Marks & Spencer has further stated it it can't understand why Ms Flynn's friend could not find somebody to help after the alleged fall, as it said it had 17 people in the area at the time.

In evidence Ms Flynn said on the day of the accident she was walking through the Marks & Spencer food hall with her friend and they were due to meet other friends for dinner.

Ms Flynn said after she fell she was on the floor for about a minute and during that time she said she noticed a skid mark about a foot long on the floor which appeared to be a cream or grease like substance.

She told Mr Justice Anthony Barr she was embarrassed and in a lot of pain. She said she already suffers from an arthritic condition and was at the time in the middle of a rehabilitation programme for rheumatoid arthritis.

She said she cancelled her dinner plans and got a taxi home and phoned the Marks & Spencer store and told them what had happened.

She said she was in hospital the next day on another matter when somebody from the store rang her but she was unable to talk to them but a person from Marks & Spencer rang her a few weeks later. She said she got married a few months later but had been unable to keep up a gym exercise plan devised for the run up to the wedding.

Counsel for Marks & Spencer Michael Counihan SC put it to Ms Flynn that the store prided itself on an accurate system of logging all calls to the store and there was no record in Marks &Spencer of a phone call from her on the evening of the alleged accident.

Ms Flynn replied she called the store when she got home.

The case continues.

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