A woman, who was injured when a worker failed to notice her standing in the aisle, has been awarded compensation for being hit by a pallet trolley in Dunnes.
Eighty-eight year old Christina O´Reilly was shopping with her daughter at the Dunnes Store in Dublin´s Northside Shopping Centre, when she was hit in the back by a pallet trolley being pushed by a shop worker. Although the impact did not knock Christina to the floor, it was sufficient to aggravate an existing degenerative condition in her back that has left her in constant pain.
Christina claimed compensation for being hit by a pallet trolley in Dunnes, but the store refused its consent for the Injuries Board to assess her application. Christina was issued with an authorisation to take her claim to the Circuit Civil Court, but the hearing was delayed until recently due to Dunnes attempting to compile a defence against the claim.
When the hearing got underway, Judge Jacqueline Linnane was told that Dunnes were prepared to accept liability for Christina´s injuries and that the hearing was now for the assessment of damages only. The judge also heard how Christina had been an active member of society prior to the accident and had been forced to give up many social pursuits due to the pain in her back.
In an explanation of how the accident happened, Christina´s solicitor told Judge Linnane that the pallet trolley had been stacked above eye level and that it would have been impossible for the store worker to see Christina as he pushed it along the aisle. The judge also heard that Christina is now unable to do her own shopping and has to rely on help from her family.
The judge awarded Christina €60,000 compensation for being hit by a pallet trolley in Dunnes – allowing a stay to consider an appeal of the award provided that the store´s insurers paid Christina €45,000 and her legal costs immediately. The judge also stipulated that the decision about an appeal should be made quickly due to Christina´s age.