Woman settles fall case against Marks and Spencer

A woman who suffered a fracture to her leg when she claims she was knocked to the ground as a Marks and Spencer employee allegedly came off a step ladder as she walked by has settled her High Court action.

Woman settles fall case against Marks and Spencer

A woman who suffered a fracture to her leg when she claims she was knocked to the ground as a Marks and Spencer employee allegedly came off a step ladder as she walked by has settled her High Court action.

IT systems analyst Loretta McSherry gave evidence that she had popped into the Marks and Spencer 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 step ladder a wide berth, I was not aware of anybody on the ladder,” she said.

I was struck in the shoulder as I walked past. It was like my Superman moment, I flew forward.- Loretta McSherry

She said she experienced the worst pain of her life going up her leg and said she was in excruciating pain. She rolled along the ground, she said, and was facing shelves of chocolates.

Ms McSherry who fractured her thigh bone in the accident said she was later told her injury was consistent with a high-speed car accident.

When the case came back before Mr Justice Kevin Cross today he was told the case had been settled and could be struck out.

Loretta McSherry (aged 64) of Cremore, Tempelogue, Dublin, had sued Marks and Spencer (Ireland) Ltd, with offices at Mary Street, Dublin as a result of the accident on January 4, 2014, at the Dundrum Shopping Centre branch.

She claimed there was an 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 step ladder 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 restocking.

Marks and Spencer denied the claims and contended there was contributory negligence on Ms McSherry’s part for allegedly failing to keep any proper lookout and allegedly failing to heed the presence of a Marks and Spencer employee in her vicinity.

more courts articles

Man (25) in court charged with murdering his father and attempted murder of mother Man (25) in court charged with murdering his father and attempted murder of mother
Man appears in court charged with false imprisonment of woman in van Man appears in court charged with false imprisonment of woman in van
Man in court over alleged false imprisonment of woman Man in court over alleged false imprisonment of woman

More in this section

Irish homelessness Government criticised for missing social and affordable housing targets
National Risk Assessment for Ireland Tánaiste urges Israel ‘to show humanity’ and allow more aid into Gaza
Lego set based on RNLI lifeboat could soon become a reality Lego set based on RNLI lifeboat could soon become a reality
War_map
Cookie Policy Privacy Policy Brand Safety FAQ Help Contact Us Terms and Conditions

© Examiner Echo Group Limited