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Grandmother sues M&S over 'Superman' fall that had 'catastrophic' affect on her life


Loretta McSherry pictured leaving the Four Courts 
Pic: Collins Courts

Loretta McSherry pictured leaving the Four Courts Pic: Collins Courts


Loretta McSherry pictured leaving the Four Courts Pic: Collins Courts

A WOMAN claims she fractured her leg after being knocked to the floor when a department store employee came off a step ladder as she walked by, the High Court has heard.

IT systems analyst Loretta McSherry (64) told the court that she had popped into Marks & Spencer at Dundrum Shopping Centre to buy some food.

The accident happened when an employee came off the ladder as Ms McSherry walked along the bakery aisle.

“I gave the step ladder a wide berth. I was not aware of anybody on the ladder,” she said.

“I was struck in the shoulder as I walked past. It was like my Superman moment, I flew forward.”

Ms McSherry said she experienced the worst pain of her life going up her leg, adding that it was excruciating and she was rolling along the floor.

The grandmother, who fractured her thigh bone, said she was later told her injury was consistent with a high-speed car accident.

Ms McSherry, who had to have two operations and use crutches, said she was out of work for four months after the accident and had to celebrate her 60th birthday in Portugal on crutches.

She said she was a member of a golf club before the accident, but did not play any more.

“My life is a bit changed. I am afraid to fall again because the injury had such a catastrophic effect on my life,” she said.

Ms McSherry, of Cremorne, Templeogue, Dublin, is suing Marks & Spencer (Ireland) Ltd, of Mary Street, Dublin, as a result of the accident on January 4, 2014.

She claims there was an alleged failure to ensure the shopping aisle was safe for the use of customers and an alleged failure to have any regard for her safety.

She has further claimed a Marks & Spencer employee was allegedly allowed to use a step ladder for restocking without any assistance.

There was also an alleged failure to cordon off or prevent customers from coming into close proximity with the step ladder during the restocking.

Marks & Spencer has denied the claims. It contends that there was contributory negligence on Ms McSherry’s part.

The case continues before Mr Justice Kevin Cross.