A woman who claimed she had become an invalid after slipping and falling in a Londis supermarket has settled her High Court action.
Olivia Harte Lynch, a law and business graduate and a working mum the court had been told is now a shell of her former self following her fall after slipping on what was claimed was a muffin on the floor of a Londis store.
On the third day of the action today, her counsel, Peter Bland SC, instructed by solicitor Gerard McGovern, told the court the case had been settled and could be struck out. He said Ms Harte Lynch was also withdrawing her claim for loss of earnings.
Olivia Harte Lynch, of Skreeney, Manorhiliton, Co. Leitrim, had sued JNF McGoldrick Ltd trading as McGoldrick’s Londis, Main St, Dromahair, Co Leitrim, as a result of the accident on August 23, 2012.
It was 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.
Londis contended Ms Harte Lynch was the author of her own misfortune and allegedly did not wipe her feet on entering the shop and it is claimed she failed to keep a proper lookout.
Jonathan Kilfeather SC, for Londis, told the court it was not being alleged by Londis or the indemnifying insurance company that this was a staged or fraudulent accident.
Opening the case, Mr Bland said a single slipping episode in a Londis supermarket was life-changing for the then 38-year-old mother, who now suffers chronic pain.
Counsel said Ms Harte Lynch has had to have surgery and suffers from chronic pain syndrome since the fall at the Dromohair, Co Leitrim branch of Londis.
Mr Bland said Ms Harte Lynch fell after entering the shop and near the coffee area.
When she got up, he said she saw what looked like cream and icing on the floor and she thought it was a piece of chocolate from cake. She told a member of staff at the deli counter and she was told: “Actually dear, it’s a muffin.’ Counsel said there were muffins on a tray beside the coffee machine.
Mr Bland said it was their case there was no cleaning system in place and the only cleaning system was the floor was wiped with paper after the accident.