A seventy-nine year old woman, who broke her shoulder in three places after a fall on the moving walkway at the Dunnes Store in Dublin´s Ashleaf Shopping Centre, has been awarded 30,000 Euros travelator fall injury compensation.
Rosaleen Hill of Terenure, Dublin, had been shopping at the Dunnes Store on 23rd March 2009 and was returning to the underground car park on a moving walkway, when the trolley she was using ran away from her. Attempting to maintain her hold on the trolley, Rosaleen slipped and was dragged along the surface of the moving walkway – breaking her right shoulder and badly lacerating her knee.
After receiving medical treatment for her injuries, Rosaleen made a compensation claim for moving walkway fall injury compensation against Dunnes Stores, Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited which runs the centre, alleging that the three defendants were negligent in providing a shopping trolley which was unsafe to use.
However, at the Circuit Civil Court in Dublin, Judge Jacqueline Linnane threw out the case against Dunnes after a forensic engineer gave evidence that the shopping trolleys used by Dunnes were fitted with corrugated rubber wheels that locked into the groves on the travelator, restricting the travel speed. The judge heard that the trolley which was at fault for Rosaleen´s injuries was fitted with smoothed wheels and had possibly been placed in the trolley area by shopfitters working in the shopping centre.
Both Gary Smith, operating as The Ashleaf Shopping Centre and Kessow Limited were found jointly negligent and directed by Judge Jacqueline Linnane to pay Rosaleen 30,000 Euros in travelator fall injury compensation after hearing Consultant Orthopaedic Surgeon Paul Nicholson describe Rosaleen´s shoulder injuries as notoriously painful.Read More