Dunnes worker must pay costs in failed damages case

A former Dunnes Stores employee who sued the company on the basis of a neck and back injury which she attributed to lifting boxes in January 2010 lost her High Court case yesterday and was ordered to pay the legal costs for both sides in the week-long case.

Anastazja Miskiewicz was living in Dungarvan, Co Waterford, at the time of the disputed incident on January 26, 2010, when she was working at the Dunnes Stores outlet in Dungarvan.

Mr Justice Michael Twomey, at the High Court sitting in Cork, said he could not be satisfied that the neck and back injuries complained of by the plaintiff could be attributed to any act or omission by Dunnes Stores. Mr Justice Twomey noted that the plaintiff, who now lives in Poland, had been hospitalised on two occasions since 2010 for a bi-polar disorder and had other serious medical concerns.

The judge said that an orthopaedic surgeon’s report showed that she was fully recovered from any neck or back difficulties in May 2011. The plaintiff testified during this week’s case that she had pain to the present day, which she attributed to lifting boxes at the store.

The judge said there were inconsistencies in her testimony. She said she had severe pain on the day yet she continued to work until 9pm that night. She said she went to the doctor the next day but agreed the doctor did not prescribe anything to her for pain relief.

There was no accident report and no eye witnesses.