Monday 18 February 2019

'Preposterous' €60,000 claim for knocking ankle on shelf

Gerard Masterson ‘had to live on frozen food for days’. Picture: Collins
Gerard Masterson ‘had to live on frozen food for days’. Picture: Collins

Ray Managh

A judge has told a former civil servant he had never seen such gross exaggeration in his life arising from an injury the claimant suffered in his local shop.

Circuit Court President Mr Justice Raymond Groarke told Gerard Masterson (58) it was preposterous of him to claim his whole life had been turned upside down as a result of knocking his ankle against the bottom shelf of a shop display.

Mr Masterson, formerly of Seapark, Mount Prospect Avenue, Clontarf, Dublin, has since retired to Spain.

He told barrister Philip Fennell, counsel for Clearys Mace Store, St Gabriel's Road, Clontarf, he injured his left ankle against the sharp edge of the display after he was "forced to side-step" to avoid a speeding member of staff in an aisle.

Mr Masterson, who claimed damages of €60,000, was awarded €1,500 by Judge Groarke, who said he was entitled to succeed on the basis that the sharp edge of the shelf should not have been there.

He said he went to the shop in May 2014 and was confronted with a member of staff "moving dangerously quickly" towards him.

The staff member was, in his opinion, breaking the speed limit and he was forced to side step quickly to his left to avoid a collision and felt waves of pain in his left ankle, he said.

Mr Masterson said he was too weak to stand around to speak to someone and went home, where he lay down on the couch and "lost consciousness". He later went to his GP who had told him to rest and take Panadol.

He claimed he was concussed, was unable to walk and had to live on frozen food in his home for several days.

Irish Independent

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