Woman settles case against M&S over leg fracture
Loretta McSherry says she was knocked over after employee fell off ladder in Dundrum
Loretta McSherry, from Templeogue, Dublin pictured leaving the Four Courts on Tuesday after the opening day of her High Court action for damages. Photograph: Collins Courts
IT systems analyst Loretta McSherry gave evidence she had gone into the Marks and Spencer store at Dundrum Shopping Centre to get some ready made meals and the accident happened as she walked along the bakery aisle.
“I looked at some scones but thought they looked stale and decided not to buy. I gave the stepladder a wide berth, I was not aware of anybody on the ladder,” she told the court.
“I was struck in the shoulder as I walked past. It was like my Superman moment, I flew forward,” she said.
She said she experienced the worst pain of her life going up her leg and was in excruciating pain. She rolled along the ground and was facing shelves of chocolates, she said.
Ms McSherry, who fractured her thigh bone in the accident, said she was later told her injury was consistent with a high speed car crash.
When the case came back before Mr Justice Kevin Cross on Wednesday, he was told the case had been settled and could be struck out.
Ms McSherry(64), with an address at Cremore,Templeogue, had sued Marks and Spencer (Ireland) Ltd, with offices at Mary Street, Dublin as a result of the incident on January 4th, 2014 at the Dundrum Shopping Centre branch.
She alleged failure to ensure the shopping aisle was safe for the use of customers and an alleged failure to have any regard for her safety.
She further claimed a Marks and Spencer employee was allegedly allowed to use a stepladder for restocking without any assistance. There was also, she claimed, an alleged failure to cordon off or prevent customers from coming in to close proximity with the step ladder during the re stocking.
Marks and Spencer denied the claims and contended there was contributory negligence on Ms McSherry’s part for allegedly failing to keep any proper look out and allegedly failing to heed the presence of a Marks and Spencer employee in her vicinity.