201901.20
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Woman Settles with Marks and Spencer after Alleged ‘Superman’ fall in Aisle

A personal injury compensation action has been settled in the High Court Marks and Spencer (Ireland) and a woman who claims she  fractured her leg when a Marks and Spencer staff member came off a step ladder and knocked her over.

Loretta McSherry (64) Cremore, Templeogue, Dublin told the High Court that she was in the Marks and Spencer branch located at Dundrum Shopping Centre to purchase some ready made meals. When she was walking through the bakery section the accident occurred.

She said: “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. I was struck in the shoulder as I walked past. It was like my Superman moment, I flew forward.”

Ms McSherry informed the Judge that the pain she experienced was the worst she had ever suffered and resulted in her rolling along the ground. The physicians that treated her said that she had fractured her thigh bone in a manner consistent with a high-speed car accident.

Ms McSherry, an IT systems analyst, had taken the personal injury compensation action against Marks and Spencer (Ireland) Ltd, with offices at Mary Street, Dublin due to the accident that occurred on January 4, 2014 at the Dundrum Shopping Centre branch.

She alleged that Mark and Spencer staff had not made sure that the shopping aisle was safe for the use of customers and an alleged failure to have any regard for her safety had also taken place. She went on to say that a Marks and Spencer employee was allegedly allowed to use a step ladder for restocking without any help. Finally, she said there was a failure to cordon off or prevent customers from coming in close proximity with the step ladder in question.

Marks and Spencer refuted the allegations and contended there was contributory negligence on Ms McSherry’s part for allegedly failing pay adequate attention to her surroundings.