Ex-Dunnes Stores worker awarded €315,000 over lift fall

A former store worker who blamed Dunnes Stores for "breaking his back and then breaking his life" over a workplace incident three years ago has been awarded €315,000 in damages at the High Court.

Following a three-day hearing of the High Court sitting in Limerick, Mr Justice Brian McGovern ruled 32-year-old Limerick man Gerard Leo was entitled to substantial damages for injuries suffered when he fell while moving a heavy pallet out of a goods lift at the Childer's Road branch of Dunnes Stores on February 1st, 2012.

Counsel for Mr Leo, Gerry Tynan SC, said his client had worked for Dunnes Stores for 11 years before the case.

Following the incident, Gerard Leo became very depressed and upset with the way he was treated by his employers.

Mr Leo said he was moving the pallet from a goods lift to the stock room floor when the wheels of his pallet truck got caught.

In CCTV footage shown to the court, Mr Leo is seen trying to manoeuvre the pallet before falling on his back.

‘All my strength’

He said: “The pallet got lodged because the floor of the lift and the floor of the stockroom are not level. I had to use all my strength to get it out, but I slipped because we were told by Dunnes to wear business-style shoes as part of their policy and not safety boots which are more suited to the stockroom work.”

After his fall, he said that he “couldn’t feel anything - I just felt numb”.

He was helped to his feet and then seated on a chair and told to go to the canteen for a drink before returning to his shift. The pain was so intense Mr Leo said he sat out the shift.

He thought things would “right themselves” so it was almost five months before he went to his doctor.

Later he was certified as being unfit for work for almost two years.

Dunnes Stores would only let him return to work if he was medically fit to carry out stockroom tasks, he claimed in court.

“The next thing, they just sent me my P45 and that was it, I was gone.”

During cross-examination, Mr Leo revealed he performed as a DJ in London and Ibiza, as well as having residencies at Limerick venues.

Consultant engineer Tom Hayes said that after reviewing the CCTV footage and the case file, he could not understand the Dunnes Stores policy of not permitting store staff to wear safety shoes.

Awarding €315,000 damages and High Court costs to Mr Leo, Mr Justice McGovern ordered that €150,000 be paid out immediately in the event of an appeal being made by Dunnes Stores.