A model has been awarded compensation for injuries at a petrol station after she was attacked by a sales assistant who claimed she had not paid for her petrol.
In May 2011, Trudy Higgins (26) from Drumcondra in Dublin was returning to her car after filling it with petrol at the Castle Service Station in Artane, Dublin, when she noticed a sales assistant approaching her and apparently taking photographs.
Trudy got inside her car, closed the doors and went to call her father for assistance. However, before she could do so, the sales assistance moved alongside her car and smashed the driver´s window with his fist.
According to evidence presented at the Circuit Civil Court, the glass from the driver´s window shattered and Trudy suffered cuts to her face, neck and back. She drove to the Beaumont Hospital in Dublin, where she was treated for her injuries.
After seeking legal advice, Trudy made a claim for compensation for injuries at a petrol station against Chopard International Ltd – trading as Castle Service Station. She claimed that the company were responsible for the negligent actions of the sales assistant.
Chopard International Ltd denied its liability for Trudy´s injuries, and alleged that the sales assistant was trying to prevent Trudy leaving the petrol station without paying, that she had trapped his hand in the driver´s window and that he had to break the glass to avoid being dragged down the road.
With liability being denied, the Injuries Board issued an authorisation for the case to be heard before Judge Francis Comerford at the Circuit Civil Court. The judge found in Trudy´s favour after the petrol station could not provide CCTV to support their claims and the sales assistant failed to appear.
Judge Comerford awarded Trudy €9,000 compensation for injuries at the petrol station, saying that Trudy did not have a distinctive scar as a result of her trauma.