Shop assistant who claimed she was injured lifting heavy TV drops €60k damages claim
A 33-year-old sales assistant, who claimed she was injured due to repetitive lifting of heavy television sets in a Blanchardstown store, has withdrawn a €60,000 damages claim against her employer, Power City Limited.
Barrister Grainne Berkery, counsel for FBD Insurance on behalf of Power City, told Judge Mary O’Malley Costello in the Circuit Civil Court Tuesday that Jessica Bolton had withdrawn her claim at the door of the court.
In a full defence entered by Ms Berkery, who appeared with Francis X. Burke Solicitors, the court learned that Power City had come to court prepared to fully contest all issues surrounding Ms Bolton’s allegations.
Ms Berkery said that in the circumstances the company was not seeking a legal costs order against the plaintiff.
Bolton, of St Jarleth’s Road, Cabra, Dublin 7, had alleged that in 2013 she had been directed to lift televisions from the storeroom at Power City, Blanchardstown, for customers.
She claimed she had suffered twinges in her chest and had to attend her doctor, alleging she had been unaware of the extent or significance of her injuries which, she claimed, had been caused by repetitive lifting of heavy televisions in her place of work.
Ms Bolton alleged in her Civil Bill that she only became aware of the cause of her injuries when she visited her GP who had referred her to hospital for cardiac evaluation which had ruled out any cardiac cause.
Power City had denied negligence and breach of duty and, particularly, that Ms Bolton had been directed to lift or carry heavy televisions from the store into the main shop at Blanchardstown Shopping Centre.
The company claimed that if Ms Bolton had suffered injury, which it denied, she had been the author of her own misfortune and had failed to exercise reasonable level of care for her own safety in compliance with the employee provisions of the Safety Health and Welfare at Work Acts.
Bolton had claimed she had attended her doctor in May 2013 and complained of chest pains which were attributed to torn chest muscles caused by having been obliged to lift heavy televisions at work.
In January 2015 she alleged that medically it had been noted she had likely long-term muscle problems and that it was difficult to predict a time of full recovery.
The company claimed that only men were employed in its warehouse and when payment was taken from a customer this generated an order to the store and a warehouseman brought the item up to the sales counter.
Judge O’Malley Costello, by consent, struck out Ms Bolton’s claim and made no order as to costs.