An alleged fall on a muffin in a Londis store which led to a woman becoming an invalid has resulted a personal injury compensation claim being submitted in the High Court.
The woman who was injured in the accident Ms Olivia Harte Lynch advised the Justice Bernard Barton, through her legal representatives, that she “has been rendered an invalid” since the accident that occurred on August 23, 2012. She informed the court that during the incident in question her legs gave way from under her and she landed on her back on the floor of a Londis store.
She filed the personal injury compensation claim against JNF McGoldrick Ltd trading as McGoldrick’s Londis, Main Street, Dromahair, Co Leitrim due to the injuries she experienced in the accident on August 23, 2012. The court was told that the defence were claiming that there was contributory negligence on Ms Harte Lynch’s behalf. However, Peter Bland SC for the defendant informed the judge that it is accepted that Ms Harte Lynch fell in the Londis store.
The claim that was filed to the High Court stated that the muffin was not cleared from the floor of the shop, meaning that it remained in a position of danger for customers and staff. Additionally it is alleged that no one saw to it that the floor was cleaned and an alleged failure to put in place a warning sign or to section off the area until it was completely safe.
Londis does not accept all of these claims and that Ms Harte Lynch’s fall took place due to any negligence they were responsible for. Legal representative for Londis, Jonathan Kilfeather SC, informed Judge Bernard Barton that there is no question that Ms Harte Lynch slipped and fell but the issue is whether the accident was due to any alleged negligence.
He also informed the judge that there is no suggestion that the fall “was staged “but did refer to medical evidence to be presented by both sides being “diametrically opposed.” He informed the Judge that there is also an issue in relation to the extent of the injuries sustained.
Mr Justice Bernard Barton was informed that the case may take two weeks and may not finish before the end of the court term at the end of July. As he was adjourning the matter, Mr Justice Barton said he preferred to take “so contentious a hearing” in one sitting and he will inform the court how the case should proceed later in the week.