AN INTERIOR designer burst out laughing in court yesterday when it was suggested she had been brought to her knees in a Dublin store by a tiny stuffed toy duck.
Italian Francesca De Cataldo (33) told the Circuit Civil Court she had instead been struck on the back of her head by a metal frying pan which had fallen two floors down a stairwell.
She said the pan and a stuffed teddy bear had been dislodged from display shelves in the Avoca restaurant and shop on Suffolk Street, Dublin, in June 2005.
Ms De Cataldo told Circuit Court president Mr Justice Matthew Deery that the pan had been accompanied on its way down through the air by the teddy bear but the cuddly toy had simply brushed her clothing.
Barrister John Moher, outlining a €38,000 damages claim by Ms De Cataldo, Killiney Hill Road, Co Dublin, against Avoca Handweavers Ltd, said she had been living in Ireland for the past seven years.
She regularly shopped and ate in the Avoca store and was ascending the stairway when the pan and teddy bear had fallen on her. She had been brought to her knees by the blow and was assisted by two members of staff.
Ms De Cataldo told the court she had suffered from headaches and stiffness in her neck and shoulders following the accident and, as well as having treatment from her doctor, she had to have physiotherapy for several months.
She had also suffered from light-headedness, feelings of nausea and vomiting and sleeplessness.
When shown a small glove-sized knitted stuffed duck replica which defence counsel said was similar to what had struck her, Ms De Cataldo burst out laughing and asked “Are you for real?”
Shop security man Damian Foy told Mr Moher that he did not know what had fallen and he was not aware of any member of staff having witnessed the accident.
Awarding Ms De Cataldo €12,240 damages, Mr Justice Deery said he was satisfied she had been hit on the head in rapid succession by a metal pan and a stuffed toy, whether a duck or a teddy bear.