independent

Tuesday 21 November 2017

Woman injured in fall fails in her action against Dunnes Stores

Legal action by Caroline Smith of 13 Windmill Heights, Belvedere Grove, Wexford over a trip which left her with facial and neck injuries failed when she took Dunnes Stores Wexford Limited to the Circuit Court.

The case arose after Ms Smith suffered a fall as she made her way to work through the car park towards the 'Goods Inward' door at the side of the store in Redmond Square on November 2, 2012.

The court was given evidence that there was a concrete 'lip' in the area where she suffered the accident as she turned her head when a customer - Dorothy Kehoe - called out her name.

Barrister Frank Quirke reported that his client still had problems with her neck almost five years on.

Dunnes HR manager Natasha O'Leary recalled Ms Smith as a confident and professional member of staff, who was very good at her job.

However, the plaintiff's employment came to an end when she took a jumper from the store without paying and then resigned in 2014 after 18 years with the firm.

In court, Ms Smith explained that she was suffering from depression at that time and that she was under financial pressure, while her husband was seriously ill.

She also insisted that the attitude of her employers had changed towards her after she indicated her intention to pursue a claim arising from the accident, though this was denied by Ms O'Leary. The claim failed as Judge Alice Doyle reckoned Caroline Smith was the author of her own misfortune when she walked forwards while looking backwards.

Wexford People

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