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A dispute arose between the parties over the injury of a shopper in the store when he slipped on skis on a floor of spilled detergent while walking and collapsed with all his weight, severely hitting his head, back and arms. According to the applicant, Meilė Berletienė, she was not given first aid, no ambulance was called and the victim received an electric shock for several minutes. The amicable solution proposed by those responsible for the store to compensate the applicant for material and non-material damages suffered by the gift vouchers that could be used to buy in any of Lidl’s stores was unacceptable to her. The plaintiff claimed EUR 735 for property damage and EUR 9 940.33 for lost profits from the workshop because she was unable to work due to her injuries. Also 1,500 euros in moral damages.
By its decision, the Klaipėda District Court partially satisfied the claim and awarded the plaintiff EUR 1,000 in non-pecuniary damage and EUR 223.65 in legal costs, and the plaintiff’s defendant – EUR 3,117.36 in legal costs. The district court found that the plaintiff had failed to prove the claimed loss of income, her inability to work was due not only to the incident at the store, but also other exacerbated illnesses, and Sodra had reimbursed her part of the disability income. . The plaintiff disagreed with the judgment and asked the district court for her claims to be confirmed in full.
Aurelija Jašinskienė / 15min.lt photo / Meilė Berletienė, who was injured in the store over spilled dirty clothes, was unable to work for several months.
The Klaipėda Regional Court found that the parties had not been able to resolve the case amicably during the trial of the case at first instance. The appeal, the response, does not establish the position of the parties on whether all possibilities for a peaceful conclusion of the case have been exhausted. As a result, the district court invited the parties to consider the possibility of settling the case amicably, and explained that an agreement could be reached at any stage of the proceedings. In this way, the parties have a unique opportunity to close the case on their own initiative.
The parties submitted to the court a signed settlement agreement within the time limit set by the court, which was approved by the district court. By virtue of the settlement agreement signed by the parties, the plaintiff waived all her claims against the shop and the shop representatives waived the costs of € 3,117.36 that were awarded to them before the Court of First Instance. A fee of EUR 188.25 was reimbursed to the applicant.
The judgment of the regional court comes into force from the day of its publication, but within three months a cassation can be appealed to the Supreme Court of Lithuania.
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