A 60-year-old woman who injured her back and wrist when she slipped on a potato wedge in a supermarket has been awarded almost €23,000 damages.
Anna Manning told the Circuit Civil Court that in November 2011, she had been walking towards the fish section of Dunnes Stores, The Mill Centre, Clondalkin, Dublin, when she slipped on something and fell forward on her hands and knees.
She told her barrister, Kieran Binchy, that people, including staff members, gathered around her to make sure she was ok, and someone picked up a squashed cooked potato wedge off the floor, saying "this is what you've slipped on."
Ms Manning, of St Patrick’s Park, Clondalkin, told the court she went home but had needed to go to her GP the following day complaining of neck and back pain.
Circuit Court President Mr Justice Raymond Groarke heard Ms Manning had a history of neck and back pain which had been aggravated by the fall. She had also developed ongoing pain in her wrist.
The court heard her back pain had come back to the way it was before the incident, but her everyday life was disturbed because of the pain in her wrist. She sued Dunnes Stores Ltd for negligence.
The store had entered a full defence to Ms Manning’s claim denying liability and had alleged she was guilty of contributory negligence.
Judge Groarke, hearing potato wedges had been spilled that day close to where Ms Manning fell, said that on the balance of probability, she had slipped on what would be a “brother or a sister” of the wedges which had been cleaned up earlier.
Awarding her €22,900 damages, he said Ms Manning was a very poor candidate for that kind of fall due to her medical history. He rejected Dunnes’ allegation of contributory negligence.