Wednesday 20 February 2019

Woman settles with Marks and Spencer after alleged 'Superman fall' in aisle

Loretta McSherry, from Templeogue, Dublin pictured leaving the Four Courts after the opening day of her High Court action for damages. Collins Courts
Loretta McSherry, from Templeogue, Dublin pictured leaving the Four Courts after the opening day of her High Court action for damages. Collins Courts

Tim Healy

A woman who suffered a fractured leg, when she claims she was knocked to the ground as a Marks and Spencer employee allegedly came off a step ladder, has settled her High Court action.

IT systems analyst  Loretta McSherry gave evidence that she had popped in to the Marks and Spencer at Dundrum Shopping Centre to get some ready made meals and  the accident happened as she walked along the bakery aisle.

“I looked at some scones but thought they looked stale and decided not to buy. I gave the step ladder a wide berth, I was not aware of anybody on the ladder. I was struck in the shoulder as I walked past. It was like my Superman moment, I flew forward,” she said.

She said she experienced the worst pain of her life going up her leg and said she was in excruciating pain. She rolled along the ground, she said and was facing shelves of chocolates.

Ms McSherry who fractured her thigh bone in the accident said she was later told her injury was consistent with a high speed car accident.

When the case came back before Mr Justice Kevin Cross on Wednesday, he was told the case had been settled and could be struck out.

Loretta McSherry (64) Cremore,Tempelogue, Dublin had sued Marks and Spencer (Ireland) Ltd, with offices at Mary Street, Dublin as a result of the accident on January 4, 2014 at the Dundrum Shopping Centre branch.

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

There was also, she claimed, an alleged failure to cordon off or prevent customers from coming  in to close proximity with the step ladder during the re stocking.

Marks and Spencer denied the claims and contended there was contributory negligence on Ms McSherry’s part for allegedly failing to keep any proper  look out and allegedly failing to heed the presence of a Marks and Spencer employee in her vicinity.

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