Woman who slipped on yoghurt in Tesco awarded €55,000

The Irish Independent – July 13, 2016

A Co Dublin woman, who suffers ongoing shoulder pain and can no longer lift her grandchildren since she slipped and fell on yoghurt  in a Tesco store four years ago, has been awarded €55,000 damages in the Circuit Civil Court.

Dee Kenny (59) told the court that in April 2012 she had been shopping in Tesco, Ballybrack when she slipped on yoghurt and fell on her right side.

Ms Kenny said she suffered immediate pain in her right hand and hip. She had been shocked and embarrassed and helped up by her son and a customer. She had gone home after talking to a Tesco duty manager.

She told her barrister, Kieran O’Callaghan, that her hand and hip were very sore the following day and she went to St Columcille’s Hospital in Loughlinstown. The court heard x-rays revealed no fracture. Ms Kenny, of Watson Drive, Killiney had suffered bruising to her hip and a sprain to her right thumb.

Ultrasound

She said she developed pain in her right shoulder a few weeks later. Following further medical examinations, an ultrasound revealed that she suffered a tear to her shoulder rotator cuff. The court heard the incident had exacerbated a pre-existing degenerative condition in her shoulder.

Ms Kenny told Judge Francis Comerford  she had given up her job as a laundry operative because of ongoing pain in her shoulder. The court heard she underwent surgery last year. She said she was attending physiotherapy sessions and her pain was expected to improve.

Ms Kenny said her life had been affected by her injury, as she could not lift her grandchildren and had to give up her swimming activities. The court heard Ms Kenny needed to take antidepressant medication. She sued Tesco Ireland Limited for negligence.

Mr O’Callaghan said the store accepted the incident had happened and Ms Kenny’s case had become an assessment of damages only. The store claimed that Ms Kenny’s shoulder injury was due to the degenerative condition and was not related to the accident.

Judge Comerford, awarding Ms Kenny €55, 000 damages, said he was satisfied her shoulder pain had developed a few weeks after her fall.

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