A 23-YEAR-OLD woman has failed in her attempt to recover damages from a Dublin department store for injuries she allegedly sustained 21 years ago.
Ms Michelle Connolly, of Roselawn, Lucan, Co Dublin, had sued Arnotts of Henry Street, Dublin, for damages for negligence relating to an alleged trip and fall accident in the store when she was aged two.
Judge Alison Lindsay was told in Dublin Circuit Civil Court yesterday that on December 13th, 1977, Michelle accompanied her mother to the store. She had been walking up and down the store while her mother tried on shoes.
Ms Connolly's claim alleged she had tripped on a rip in a carpet and had fallen against an adult shoe-measuring stool, cutting her face. She had been left with a permanent inch-long scar above her right eyebrow.
She alleged that as a result of the fall she had suffered headaches of a migraine nature over the years.
Mr David Barniville, for Arnotts, had brought an application before the court seeking to have the proceedings dismissed on the grounds of inordinate and inexcusable delay.
The judge was told Ms Connolly wrote to Arnotts about the accident in 1994. Mr Barniville told the court Arnotts had no record of the 1977 accident nor could the company trace any member of staff who could recall such an accident.
The judge said the issue she had to decide was whether the delay in instituting proceedings was unfair to Arnotts. While something may have happened in the store in 1977 there were no records whatsoever.
"In my view it would be wrong in law on both grounds of inordinate and inexcusable delay to allow this case to proceed and I dismiss the proceedings," Judge Lindsay said. She made no order as to costs and refused a stay on her order to facilitate consideration of a High Court appeal.