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A woman who slipped and fell injuring her knees at a Dunnes Stores branch received € 83,000 from the Superior Court.
The award was given to Doris Whelan, 58, who sued Dunnes Stores for the injuries she claims to have sustained after a fall at the Ashleaf Shopping Center supermarket, Walkinstown, Dublin 12, on June 27, 2013.
Judge Michael Hanna said he was satisfied that Ms. Whelan had fallen due to a small amount of an oil-like substance on the supermarket floor and was entitled to compensation.
Ms. Whelan of Newtown Lane, The Commons, Nurney, Co. Kildare, claimed Dunnes was negligent in allowing the floor to be slippery and in a dangerous condition that resulted in her trip and fall.
In the wake of her fall, the former sales assistant said she sustained significant soft tissue injuries to her knees, which over a period of time severely impaired her ability to walk and stand.
His pain injuries led to him having to undergo knee replacement surgery.
Dunnes denied the allegations, and had argued in her defense that she had contributed to her own injuries by allegedly not seeing where she was going.
Judge Hanna said that from the evidence presented to the court, including CCTV footage, he had no doubt that Ms. Whelan had slipped and fallen to her knees while wearing flat shoes.
The court said it accepted evidence that he had slipped on a small amount of an oil-like substance, which came from a storage cart used by someone storing on supermarket shelves.
The defense, he said, had not presented any evidence to counter that claim. The judge also said he was surprised that a person employed to clean the store and who was present at the time of the accident, did not give evidence in the case.
The judge noted that this person was scheduled to testify at the scene of the accident, but did not do so because the defendant could not locate the individual.
The judge added that Ms. Whelan did not exaggerate or embellish her injuries or the details of her fall in court.
Before the accident, she said, Ms. Whelan had no history of knee problems.
He noted that he had undergone knee replacement surgery many years before he normally required it.
In the circumstances, the court awarded him a total of € 83,250.
The award was suspended on appeal, provided an interim payment of € 40,000 was made to Ms Whelan.
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