Tuesday 20 August 2019

Hotel maid who claimed back injury was a result of lifting heavy mattresses and linen bags unaided settles €60k claim

Dorota Lesniak, of Mayeston Court, Finglas, Dublin 11, pictured leaving the Four Courts after she settled her Circuit Civil Court action. Pic: Collins Courts
Dorota Lesniak, of Mayeston Court, Finglas, Dublin 11, pictured leaving the Four Courts after she settled her Circuit Civil Court action. Pic: Collins Courts

Simone Smith and Ray Managh

A 34-year-old chamber maid, who alleged she was left to lift hotel mattresses and heavy linen bags unaided, has settled a €60,000 personal injury claim against the hotel where she worked.

Dorota Lesniak, of Mayeston Court, Finglas, Dublin 11, claimed she had suffered a low back injury as a result of having to heave bed mattresses and heavy bags of linen as a result of negligence on the part of her employer, Asymmetric Limited which trades as Dublin Central Inn, Talbot Street, Dublin.

Barrister Paul Gallagher told Judge Petria McDonnell in the Circuit Civil Court today that Ms Lesniak had settled her claim for an undisclosed sum.

Mr Gallagher, who appeared with Anderson Gallagher Solicitors, said the case could be struck out with no order for costs.

Dorota Lesniak, of Mayeston Court, Finglas, Dublin 11, pictured leaving the Four Courts after she settled her Circuit Civil Court action.Pic: Collins Courts
Dorota Lesniak, of Mayeston Court, Finglas, Dublin 11, pictured leaving the Four Courts after she settled her Circuit Civil Court action.Pic: Collins Courts

Ms Lesniak alleged in her claim that Asymmetric had been negligent and in breach of its duty to provide her with a safe working environment.  The hotel had entered a full defence to her allegations.

She claimed she had been allowed to carry and drag heavy bags of laundry and lift mattresses and assemble beds which were heavier that what was safe for her to handle. She also alleged that some beds she had to move were without casters.

Ms Lesniak also alleged that the company had failed to allow employees to use the lift when carrying out their duties and to ensure it had been kept in working order.  She had also allegedly been caused to lift heavy dishwasher baskets containing crockery.

She claimed she had developed pain in her lower back and had initially taken painkillers but had been later diagnosed with a back injury.  An MRI scan had revealed she had a small disc bulge and tear.

Her ability to bend, kneel, squat and lift had been found to have been moderately impaired. Climbing stairs and walking had also been affected.

Judge McDonnell struck out the proceedings.

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