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Shopper sued Penneys after 'toenail torn off'

A 40-YEAR-OLD administrator told a court that her big toe nail was partially torn off when she accidentally struck a shop clothes rail at Penneys in O'Connell Street, Dublin.

Bernadette Bennett of Bramblefield View, Dublin, told Judge Jacqueline Linnane in the Circuit Civil Court yesterday that on August 14, 2007, she was shopping in the children's wear department of the store when her right foot hit a protruding rail at the bottom of a mobile display stand.

Ms Bennett said the nail grew back incorrectly and was irregular in shape and thickened. She sued Primark Stores Ltd for negligence.

The company alleged in a full defence to Ms Bennett's €38,000 claim that she had told staff she had "slipped out of her flip-flop".

Judge Linnane was told the case had been settled for an undisclosed sum and she struck out the case.