Woman sues M&S over fall in Dundrum Shopping Centre store aisle

Loretta McSherry is pictured leaving the Four Courts today. Picture: Collins

A woman who suffered a fracture to her leg when she claims she was knocked to the ground as a Marks and Spencer employee allegedly came off a step ladder as she walked by has sued in the High Court.

IT systems analyst Loretta McSherry told Mr Justice Kevin Cross she had popped into the Marks and Spencer at Dundrum Shopping Centre to get some ready-made meals and the accident happened as she walked along the bakery aisle.

“I looked at some scones but thought they looked stale and decided not to buy. I gave the step ladder a wide berth, I was not aware of anybody on the ladder. I was struck in the shoulder as I walked past. It was like my Superman moment - I flew forward,” she said.

She said she experienced the worst pain of her life going up her leg and said she was in excruciating pain. She rolled along the ground, she said, and was facing shelves of chocolates.

Ms McSherry who fractured her thigh bone in the accident said she was later told her injury was consistent with a high-speed car accident.

I am afraid to fall again because the injury had such a catastrophic effect on my life.

The grandmother who had to have two operations and was in crutches says she was out of work for four months after the accident and had to celebrate her 60th birthday in Portugal on crutches.

“It took a gloss off the whole celebration,” she said.

She said she was a member of a golf club before the accident, but she does not play anymore.

“My life is a bit changed. I am afraid to fall again because the injury had such a catastrophic effect on my life,” she said.

Loretta McSherry(64) Cremore, Tempelogue, Dublin has sued Marks and Spencer (Ireland) Ltd, with offices at Mary Street, Dublin as a result of the accident on January 4, 2014 at the Dundrum Shopping Centre branch.

She has claimed there was an alleged failure to ensure the shopping aisle was safe for the use of customers and an alleged failure to have any regard for her safety. She has further claimed a Marks and Spencer employee was allegedly allowed to use a step ladder for restocking without any assistance. There was also she has claimed an alleged failure to cordon off or prevent customers from coming into close proximity with the step ladder during the re-stocking.

Marks and Spencer has denied the claims and contends there was contributory negligence on Ms McSherry’s part for allegedly failing to keep any proper look-out and allegedly failing to heed the presence of a Marks and Spencer employee in her vicinity.

The case before Mr Justice Kevin Cross continues.

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