A 34-year-old cleaner, who hurt her back when the leg of the chair she was sitting on in a Dublin restaurant suddenly broke, has been awarded €17,500 damages in the Circuit Civil Court.
Stacie Ward told the court that she was having dinner in the China Kitchen restaurant on Collins Avenue, Beaumont, in May 2014 when her chair suddenly collapsed.
Ms Ward, of Tolka Valley Green, Finglas, Dublin, said she jolted to her right side but managed not to fall. She twisted her back and felt immediate pain.
She told her barrister, Ronan C Kennedy, who appeared with Spelman Callaghan Solicitors, that she had felt embarrassed by the incident.
The court heard that a waiter, who had come to her assistance, had tried to put back the wooden leg on to the black leather chair.
Physiotherapy sessions
Ms Ward told Judge Jacqueline Linnane that her back had been very painful and she later attended her GP. She suffered tenderness across her lower lumbar region.
She said she was prescribed painkillers and later attended physiotherapy sessions. She had ongoing intermittent pain in her back and had difficulty when sitting for some time.
Ms Ward said the pain was sometimes increased after a day's work. She sued restaurant owner Xwfx Limited, with an address at Shanrath Road, Santry, Dublin, for negligence.
She claimed the defendant had failed to remove or repair the chair, which was dangerous and constituted a trap.
Mr Kennedy told the court that Ms Ward had already obtained a judgment in default of appearance against the company and this case was one of assessment of damages only.
Judge Linnane awarded Ms Ward €17,500 damages. The company did not appear in court, nor was it legally represented.