Posted: July 31st, 2020
At the High Court a woman who claims she has become an invalid after allegedly slipping on a muffin or a piece of cake in a Londis store has taken a legal action seeking compensation.
Due to the accident that occurred in 2012, Olivia Harte Lynch “has been rendered an invalid” according to her legal team. This is due to the fact that her legs went from under her and she landed on her back on the floor of a Londis store.
Olivia Harte Lynch, 46, Skreeney, Manorhamiliton, Co Leitrim has taken the legal action for compensation against JNF McGoldrick Ltd trading as McGoldrick’s Londis, Main Street, Dromahair, Co Leitrim due to the accident that occurred on August 23, 2012. It is alleged that there was a failure to remove the cake or muffin from the floor so as to ensure it would not represent a trap or a source of danger. It is also being claimed there was a failure to ensure the floor was cleaned and an alleged failure to erect a warning sign or to cordon off the area until it was rendered safe for customers.
Londis denies the claims or that Ms Harte Lynch fell due to any alleged negligence. Peter Bland SC said it is admitted that Ms Harte Lynch fell in the Londis supermarket. The court heard that what is at issue in the case is whether the fall was due to alleged negligence.
Jonathan Kilfeather SC for Londis informed the court that there is no argument that Ms Harte Lynch slipped and fell but the issue is whether the fall was due to any alleged negligence. Counsel told the court there was no allegation that the fall “was staged” and he said it was not the way the defendants were approaching the case. There is alot of medical testimony on both sides, Counsel said, which was “diametrically opposed.” He informed the Judge that there is also an issue in relation to the nature of the injuries suffered and the sequelae.
Mr Kilfeather said the defendants were anxious the case to go ahead.
Adjourning the matter, Mr Justice Barton said he preferred to take “so contentious a hearing” in one sitting and he will inform the court how the case should proceed on Wednesday. he said that could take up tp two weeks and may not finish before the end of the court term at the end of July.
Categories: Work Injury Claim
