A personal injury award was recently approved at the High Court in favour of a woman who claimed that slipping on a muffin in a shop left her invalided.
The slip occurred at McGoldrick’s Londis, Main Street, Dromahair, Co Leitrim n August 23, 2012. Ms Olivia Harte Lynch, with an address at 46 Skreeney, Manorhamiliton Co Leitrim, alleged that, have trodden on a disregarded muffin on the shop floor she fell and sustained injuries. Shoe took the personal injury compensation claim against shop owners JNF McGoldrick Ltd.
Via her legal counsel Ms Harte Lynch informed the Judge that she “has been rendered an invalid” as a result of the unfortunate incident that tool place eight years ago. She alleged that she landed on her back on the floor of the Londis shop after her legs gave way. It was further claims that the accident occurred as the muffin had been left in a dangerous position for customers and shop staff on the shop floor. Furthermore there neglect on behalf of the shop management as no attempt had been made to clear up the muffin or put warning signs in place.
The shop management denied all of these claims and countered that there was a degree of contributory negligence involved on Ms Harte Lynch’s behalf. refutes all of these claims and that Ms Harte Lynch’s fall took place due to any negligence on their part. Counsel for representing Londis, Jonathan Kilfeather SC, advised presiding Judge Bernard Barton that there is no question that Ms Harte Lynch slipped and fell in the shop.
Mr Kilfeather went on to say that his client is not alleging that the accident was in any way staged. However, he made reference to the fact the both sides had presented medical testimony that was “diametrically opposed” during the hearing. While the defendants were anxious that the hearing proceed and the case be brought to a close he informed the judge that there was a lack of agreement in relation to the extent of the injuries sustained by Ms Harte Lynch.
The hearing was adjourned a number of weeks before returning and Justice Bernard Barton informed that a settlement agreement had been reached for an undisclosed figure.