A judge has awarded a woman €15,000 compensation for an injury working in Dunnes Stores after a damages assessment hearing at the Circuit Civil Court.
In March 2012, Jessica Kelty (23) was working in Dunnes Stores in Tallaght, Dublin, when she was asked to go to the stockroom to bring a trolley of bread. As Jessica starting pushing the two-metre high trolley out of the stockroom, the tray on the top shelf of the trolley fell and struck her on the head.
Jessica – who also lives in Tallaght – was given first aid by a colleague and then attended the A&E department at Tallaght Hospital, where she was detained overnight for observation. Despite being diagnosed with no permanent injury, she has since suffered headaches and neck pain.
Jessica claimed compensation for an injury working in Dunnes Stores, and although the company admitted liability the amount of compensation being claimed was contested. No agreement could be found by negotiation, and the case went to the Circuit Civil Court for the assessment of damages.
At the hearing, Judge Terence O´Sullivan heard the circumstances of Jessica´s accident and was told that she had been knocked to the ground and felt dizzy afterwards. Solicitors representing Dunnes Stores argued that there had been no significant injury and attributed her neck pain to the work Jessica now does as a hairdresser.
Judge O´Sullivan noted that Jessica had not attended her doctor for three years after the accident or gone for any physiotherapy, and commented that she had done a poor job of looking after herself. Jessica´s solicitor told the judge that she had self-medicated with painkillers bought from her local pharmacy.
Saying that the court drew the conclusion she “wasn´t that badly hurt”, Judge O´Sullivan awarded Jessica €15,000 compensation for an injury working in Dunnes Stores, and gave the store leave to appeal the award of compensation provided that a payment of €10,000 was paid immediately to Jessica.