Dunnes deli worker who slipped on grease awarded €183,000

A part-time worker at a deli counter in Dunnes Stores who sued the company after slipping on grease on the floor of her work station has been awarded almost €183,000 damages by the High Court.

Sharon Byrne (50), Staplestown Road, Carlow, said she has not worked since suffering a soft-tissue injury to her ankle in the incident five years ago and can no longer wear high heels.

Mr Justice Kevin Cross said the incident was “eminently foreseeable” and Dunnes Stores should have taken the simple step of putting a bin liner at the deli work station in a rigid bin so that grease would be contained in the bin.

At the time of the accident on January 2nd, 2012, Ms Byrne was a part-time worker behind the deli counter at Dunnes Stores, Sleaty Road, Graiguecullen, Co Carlow.

She told the court she had to have an operation on the ankle and was unable to wear high heels after the incident.

In her claim, she alleged she fell suddenly and without warning on a greasy surface at the deli counter area and hurt her ankle. She alleged failure to provide her with a safe system of work and to place non-slip mats in the deli work area when it was known or expected food or other material could be on the floor.

The claims were denied and Dunnes Stores pleaded contributory negligence on Ms Byrne’s part, alleging she failed to keep any or adequate lookout.

In his judgment, Mr Justice Cross said he found Ms Byrne a “most honest” witness and also accepted evidence of her engineer that it was an unsafe system to have food containing grease emptied into a bin liner rather than a rigid bin.

The judge also found no contributory negligence by Mr Byrne.

He assessed total damages at €182,890, including general damages at €60,000 to date and €20,000 into the future. The award also included €62,000 for loss of earnings to date and €40,000 into the future, plus special damages.

He granted a four-week stay in the event of an appeal, providing €50,000 was paid out immediately.

In evidence during the hearing, Ms Byrne said she was wearing flat shoes on the day of the incident.

She said she and another catering assistant were cleaning up around 5pm and she was bringing a knife from the hot food counter when she slipped. “I slipped, there was grease on my trousers,” she said.

She said she was in severe pain and had an ice pack applied. She later had to have an operation and had difficulty playing with her three grandchildren, she also said.