A woman who claims she has become an invalid after allegedly slipping on a muffin or a piece of cake in a Londis store has sued in the High Court.
Olivia Harte Lynch, her counsel told the court, “has been rendered an invalid” as a result of the accident eight years ago when her legs went from under her and she landed on her back on the floor of a Londis shop.
Peter Bland SC said it is admitted that Ms Harte Lynch fell in the Londis supermarket. The court heard that what is at issue in the case is whether the fall was due to alleged negligence.
Mr Justice Bernard Barton was told the action could take two weeks and may not finish before the end of the court term at the end of July.
Olivia Harte Lynch, 46, Skreeney, Manorhamiliton, Co Leitrim has sued JNF McGoldrick Ltd trading as McGoldrick’s Londis, Main Street, Dromahair, Co Leitrim as a result of the accident on August 23, 2012.
It is claimed there was an alleged failure to remove the cake or muffin from the floor so as to ensure it would not constitute a trap or a source of danger. It is further claimed there was an alleged failure to ensure the floor was cleaned and an alleged failure to erect a warning sign or to cordon off the area until it was rendered safe.
Londis denies the claims or that Ms Harte Lynch fell due to any alleged negligence.
Jonathan Kilfeather SC for Londis told the court there is no doubt Ms Harte Lynch slipped and fell but the issue is whether the fall was due to any alleged negligence. Counsel told the court there was no allegation that the fall "was staged" and he said it was not the way the defendants were approaching the case. There is a vast array of medical evidence on both sides, Counsel said, which was “diametrically opposed.” He told the court there is also an issue in relation to the nature of the injuries suffered and the sequelae.
Mr Kilfeather said the defendants were anxious the case proceed.
Adjourning the matter, Mr Justice Barton said he preferred to take “so contentious a hearing” in one sitting and he will inform the court how the case should proceed on Wednesday.