Eileen O’Mahony, aged 65, of 101 Mervue Lawn, Ballyvolane, Cork, was employed in her local store and the accident at the centre of yesterday’s case occurred at Dunnes Stores on North Main St, Cork, on June 17, 2015.
The plaintiff was at the supermarket when she slipped and fell on a wet floor. The floor had become wet as a result of water leaking from a refrigeration unit on the aisle.
Ms O’Mahony suffered soft tissue injuries to the right side of her back, as well as to her neck and right ankle.
Kieran Hughes, barrister for Ms O’Mahony, said her injuries were attributable to the accident.
Siobhán Lankford BL, for Dunnes, called upon evidence in relation to the cleaning regime that was operating at the supermarket at the time, and in relation to the system of monitoring for leaks and spillages.
Judge Gerard O’Brien said at Cork Circuit Court: “In light of the evidence, liability is not really an issue.
“In terms of the injuries, they are ongoing.”
The judge said the witnesses in the case were honest and the evidence of the plaintiff was compelling.
“I believe Dunnes to be liable and I award €40,000 in damages,” he said.
Judge O’Brien added that, in making his finding, there was no criticism of the Dunnes witnesses and their account of the system of cleaning and monitoring.