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The High Court has awarded € 83,000 in damages to a woman who slipped, fell and injured her knees at a Dunnes Stores branch.
The award went to Doris Whelan, 58, who sued Dunnes Stores for the injuries she claims to have sustained following a fall at the supermarket chain store in Ashleaf Shopping Center, Walkinstown, Dublin 12, on June 27. of 2013.
Dunnes had denied the allegations, but in his judgment, Judge Michael Hanna said he was satisfied that she had fallen, because a small amount of an oil-like substance was on the supermarket floor, and was entitled to compensation. .
In what was a four-day hearing, Ms. Whelan, represented by Finbarr Fox SC and Colm Condon SC, claimed that 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.
Her injuries forced her to undergo knee replacement surgery.
Dunnes denied the claims, and in her defense had argued that she had contributed to her own injuries by not looking where she was going.
In her judgment, Judge Hanna said that from the evidence presented to the court, including CCTV footage, he had no doubt that she 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.
He said the defense 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 about the crash site, but did not do so because the defendant could not locate the individual.
The judge added that Ms. Whelan had not exaggerated or embellished 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 she had undergone knee replacement surgery many years before she normally required it.
In the circumstances, the court awarded him a total of € 83,250.
The award was suspended, provided an interim payment of € 40,000 was made to Ms Whelan, on appeal.
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