A personal injury settlement agreement has been reached, compensating Olive Harte Lynch for the injuries she sustained after falling on a discarded muffin in a Londis shop resulting in her allegedly becoming an invalid.
In a hearing earlier this month Ms Harte Lynch informed the High Court that she was seeking compensation for injuries that she suffered after she slipped and fell on a muffin on the floor of McGoldrick’s Londis, Main Street, Dromahair, Co Leitrim on August 23, 2012.
Olivia Harte Lynch, with an address at 46 Skreeney Manorhamiliton Co Leitrim, filed the shop injury compensation action against shop proprietors JNF McGoldrick Ltd.
Ms Harte Lynch informed that court through her legal representatives that she “has been rendered an invalid” due to the injuries she suffered in the accident eight that tool place on august 23, 2012. In the incident in question she claims that her legs gave way from under her and she landed on her back on the floor of a Londis shop. Representing her legally, Jonathan Kilfeather SC informed Justice Bernard Barton that his client was alleging that he muffin was not removed from the the floor, leaving it in a position of danger for customers and staff. Additionally it is the management of the shop did not see to it that the item was cleared away as soon as it was discovered and no cordon was put in place to ensure the safety of customers and staff.
Londis denied all of these allegations and, through their legal counsel Peter Bland SC, counter claimed the there was an element of contributory negligence on behalf of Ms Harte Lynch. There was no argument with the allegation that the incident had taken place in the shop in question and there was no allegation either that the incident had been ‘staged’. He did inform the judge that there was some difference in the medical opinions provided by both sides in the hearing, mainly in relation to the extent of the injuries that Ms Harte Lynch sustained.
The case was adjourned before both sides returned to inform Justice Bernard Barton that case could be dismissed as a settlement agreement had been agreed that both parties were amenable to.