€70k for man over supermarket fall

A man on crutches who slipped and fell on a wet supermarket floor has been awarded €70,000 by the High Court.

Graham Murphy, who is in his 40s, was recovering from complex hip surgery when the incident happened at Dunnes Stores, Redmond Square, Wexford.

Ms Justice Bronagh O’Hanlon said Mr Murphy was entitled to walk around a supermarket such as Dunnes taking the shortest avenue available to him, which on this occasion was near a freezer.

Mr Murphy, from Bishopswater, Co Wexford, had sued Dunnes Stores as a result of the fall on January 26, 2012. He claimed Dunnes was negligent in causing him to slip on a liquid spill. The claims were denied and Dunnes contended that Mr Murphy did not slip on water but tripped on a pad which was underneath a freezer.

Making the award, Ms Justice O’Hanlon said she had viewed CCTV footage of the incident on three occasions and it was “beyond doubt” that Mr Murphy lost his balance when his crutch gave way on the wet and slippery floor surface and not on a pad.

Stating that there was no contributory negligence on behalf of Mr Murphy, Ms Justice O’Hanlon said the normal system which should have been in operation in the store to prevent such spillages was not followed on this occasion.

Applying for a stay, Jeremy Maher, for Dunnes Stores, pointed out that Mr Murphy was on disability benefit and there could be an issue as to whether Dunnes could recover any money if it won a Supreme Court appeal.

Ms Justice O’Hanlon said it would be harsh not to give some payout pending the hearing of the appeal. She added that to suggest Dunnes may not recover the money if it won the appeal, because Mr Murphy was on disab-ility benefit, was not an acceptable position to take.

She ordered the payout of €30,000 of the award.