Settlement Agreed in Fall in Marks and Spencer Compensation Action

A supermarket accident compensation case has been settled in the High Court between Marks and Spencer (Ireland) and a women who alleges that she fractured her leg when a Marks and Spencer employee collided with her while coming off a step ladder.

Loretta McSherry (64) from Cremore,Templeogue, Dublin informed the High Court that she was shopping in the Marks and Spencer store at Dundrum Shopping Centre for some ready-made meals when the accident occurred. Ms McSherry said was moving through the bakery section the accident happened.

Mc McSherry stated: “I looked at some scones but thought they looked stale and decided not to buy. I gave the step ladder a wide berth, I was not aware of anybody on the ladder. I was struck in the shoulder as I walked past. It was like my Superman moment, I flew forward.”

Ms McSherry told the Judge that the pain she felt following the accident was the worst she had ever experienced and left her writhing on the ground. The medical professionals that  treated her said that she had fractured her thigh bone in a manner consistent with a high speed vehicle accident.

Ms McSherry, who works as an IT systems analyst, had submitted the personal injury compensation action against Marks and Spencer (Ireland) Ltd, with offices at Mary Street, Dublin in relation to the accident that occurred on January 4, 2014 at the Dundrum Shopping Centre outlet.

She claimed that Mark and Spencer employees had not made sure that the shopping aisle was safe for customers and that there was an alleged failure to guarantee her safety. She added that a Marks and Spencer employee was allegedly permitted to use a step ladder for restocking without any assistance in doing so. Finally, she said there was a failure to cordon off or stop customers from coming too close to the step ladder.

Marks and Spencer denied the claims and contended there was contributory negligence on Ms McSherry’s part for allegedly failing pay adequate attention to the area that she was shopping in.