Monday 22 January 2018

Woman who walked into shopfront shutter awarded €17,500

Ray Managh

A WOMAN who injured her face when she walked into a shopfront shutter has been awarded €17,500 damages.

As Yvonne McEvoy (42) left a news agents just before closing time in Liffey Valley Shopping Centre she had not been warned that the shutter had been lowered almost half way, her counsel Garret Baker told the Circuit Civil Court.

Ms McEvoy, of Greenfort Avenue, Clondalkin, Dublin, said she had gone into Tuthills News Agents off the shopping mall October 2010. As she left the store her attention had been drawn to Hallowe’en special offers.

Suddenly she struck her face against the shutter. The shutter had not been lowered prior to her having entered the shop and she did not hear a staff member who allegedly issued a warning to watch out for it.

Forensic engineer Alan Conlon said a CCTV video of the incident showed a man in front of Ms McEvoy duck under the shutter. Ms McEvoy, who was looking to her right, was seen to walk straight into it.

Judge Jacqueline Linnane said staff routinely partly lowered the shutter just before closing time to stop people entering. On this occasion it had been negligently lowered while there were customers still in the shop and Ms McEvoy had not heard any warning.

The judge said Ms McEvoy had suffered a very nasty bang to the left side of her face and two years after the incident still got headaches from time to time.

Judge Linnane said Ms McEvoy had become pregnant in 2011 which had affected her ability to take drugs to ease the pain.

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