Courts

Woman awarded over €37,000 after developing repetitive pain syndrome planting and picking strawberries

Dorota Rejnin (51) developed injuries while working for north Co Dublin-based fruit producer Keelings

Dorota Rejnin told the court she was required to plant a certain number of strawberry plants every hour and came under considerable pressure to do so. Photograph: Chris Ratcliffe/Bloomberg
Dorota Rejnin told the court she was required to plant a certain number of strawberry plants every hour and came under considerable pressure to do so. Photograph: Chris Ratcliffe/Bloomberg
Anni O’Herlihy
Fri Jul 19 2024 - 13:01

A woman who developed repetitive pain syndrome in her neck, spine, right upper arm and shoulder due to planting or picking strawberries for hours on end has been awarded more than €37,000 damages against fruit producer Keelings.

Dorota Rejnin (51), of Thornleigh Close, Swords, Co Dublin, was a farmworker with Keelings, which says it produces some 200 million strawberries a year.

Judge Jennifer O’Brien awarded Ms Rejnin a total of €37,536 damages and costs in the Circuit Civil Court. The judge said Ms Rejnin claimed she had work for up to 14 hours a day with her hands and arms above shoulder height.

She told barrister Niall O’Driscoll, who appeared with Boino Solicitors for Ms Rejnin, the court was satisfied that a personal injury was suffered on account of the manner in which she had to work.

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Judge O’Brien said Ms Rejnin had sued Keelings Softfruits Unlimited Company and William P. Keeling and Sons of Foodcentral, St Margaret’s, Co Dublin, for €60,000 damages for negligence and breach of duty. She alleged she suffered pain syndrome to her neck and cervical spine and right upper arm and shoulder. While she had resided in Dublin at the time, she returned to Poland after leaving the role in 2017.

Ms Rejnin told the court she was required to plant a certain number of plants every hour and came under considerable pressure to do so. She alleged she had to work in an unsafe manner and carry out repetitive tasks, in particular when she was planting strawberries at a level above shoulder height, which required the use of significant force to push plants through soil.

Keelings put in a full defence in which it alleged contributory negligence.

Judge O’Brien said Ms Rejnin left the role due to an illness not associated with her work or any fault of the defendants.

Medical reports were agreed by the parties and forensic evidence was provided by PLC Engineering; Donal Terry Consulting Engineers; and Prof Leonard O’Sullivan, an ergonomist at Limerick University.

The judge said Ms Rejnin had suffered soft tissue overloading and overuse caused by a non-ergonomic work environment. She awarded €22,000 for her shoulder injury, €15,000 for her neck injury and special damages of €336.