Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

The Four Courts in Dublin, where the Circuit Civil Court is based Shutterstock/Artur Bogacki

Maximum award of €60,000 given to 88-year-old woman 'trollied' in Dunnes

Christina O’Reilly was hit in the back while shopping with her daughter two years ago.

AN 88-YEAR-OLD woman, now living with constant back pain as a result of having been “trollied” in a Dunnes Store, has been given the maximum €60,000 personal injury damages a Circuit Civil Court judge can award.

Barrister Eileen McAuley told Judge Jacqueline Linnane that a worker  in Dunnes Northside Shopping Centre store struck her in the back as he “blindly pushed” a pallet trolley stacked with boxes along a shopping aisle.

Ms McAuley, who appeared with Synnott Lawline solicitors, said the boxes had been stacked above eye level and the shop worker had failed to see the then 86-year-old Christina O’Reilly doing her shopping with her daughter Mary.

She said the pallet trolley had struck Ms O’Reilly in her lower back and leg, jolting her forward without actually knocking her to the ground.  The accident had aggravated existing degenerative changes in her lower back and, as a result, had left her with constant pain.

“Prior to the accident Ms O’Reilly had led an active social life which included ballroom dancing every Sunday night which she had to give up,” Ms McAuley said.  “She can no longer do her own shopping.”

Ms McAuley told the court that Dunnes Stores had, just before the case was opened in court, conceded liability for the accident meaning that the case was now one of an assessment of damages only.

She said the entering of a full defence earlier against Ms O’Reilly, who lives at Adare Drive, Coolock, Dublin, had delayed the proceedings coming to court due to her legal team having been put on full proof of what had happened.

She said Ms O’Reilly’s daughter Mary, who was with her in the store when the accident happened, had since died.  She was helped in court by another daughter, Bernadette Gallagher, and insisted in giving evidence despite serious hearing difficulties.

Judge Linnane said Ms O’Reilly had led a full, active social life up until the accident and had been living independently.  She was now dependent on the help of her family as a result of having been left with residual permanent pain.

The judge awarded Ms O’Reilly €60,000 damages and her legal costs and when counsel for Dunnes Stores asked for a stay to facilitate consideration of an appeal to the High Court, Judge Linnane ordered payment out of €45,000 to Ms O’Reilly.

Judge Linnane directed that in the event of her decision being appealed an application be made at the earliest opportunity to the President of the High Court for a very early hearing of the appeal because of Ms O’Reilly’s age.

Read: Court hears Angela Kerins was asked “an illegal set of questions”

Also: Mother who put her children in Tesco trolley which toppled loses €60,000 damages claim

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Author
View 47 comments
Close
47 Comments
    Install the app to use these features.
    Mute Liam Fitzgerald
    Favourite Liam Fitzgerald
    Report
    Jul 14th 2016, 5:45 PM

    It couldn’t have been that bad of a bang if the 88 year old lady managed to stay on her feet.

    227
    Install the app to use these features.
    Mute Inns Quay
    Favourite Inns Quay
    Report
    Jul 14th 2016, 10:18 PM

    Liam, old ladies can be very frail, and what would only be a slight knock for a younger person can have far more serious ramifications

    44
    Install the app to use these features.
    Mute Liam Fitzgerald
    Favourite Liam Fitzgerald
    Report
    Jul 14th 2016, 11:58 PM

    By that reasoning then she surly would have fallen over? I doubt there was €60k worth of damage done to her, I think opportunity knocked and she grabbed it with both hands……and now we will all be paying for it in our insurance premiums!!

    32
    See 3 more replies ▾
    Install the app to use these features.
    Mute mr magoo
    Favourite mr magoo
    Report
    Jul 15th 2016, 10:06 AM

    idiot you think your insurance would be really low if no on claimed. pathetic. insurance companies same as banksters and now people like you are fighting their corner for them, next you’ll be asking us to ball them out of their profits are not big enough. If someone has a legitimate claim pay the fack up. end of

    9
    Install the app to use these features.
    Mute Inns Quay
    Favourite Inns Quay
    Report
    Jul 15th 2016, 12:46 PM

    insurance companies have won the spin war because they have the lobby

    3
    Install the app to use these features.
    Mute Liam Fitzgerald
    Favourite Liam Fitzgerald
    Report
    Jul 15th 2016, 12:48 PM

    Banksters? Ball them out? Pay the fack up? And you have the audaciously to call me the idiot!!

    1
    Install the app to use these features.
    Mute Drew TheChinaman :)
    Favourite Drew TheChinaman :)
    Report
    Jul 14th 2016, 5:51 PM

    Baffling really… with their legal costs, her legal costs, the legal costs of the appeal, the payout, plus the bad PR of a poorly trained minimum wage employee running down a near 90 year women they must be out €100′s of thousands already and on the line for more.

    Maggie Heffernan has a vicious steak and is known for getting her own way but this is a really bad battle to pick to fight.

    189
    Install the app to use these features.
    Mute John Turkey
    Favourite John Turkey
    Report
    Jul 14th 2016, 6:37 PM

    Looks like they were waiting for her to die. Nasty fupping company.

    161
    Install the app to use these features.
    Mute Suzie Sunshine
    Favourite Suzie Sunshine
    Report
    Jul 14th 2016, 7:02 PM

    How were they waiting for her to die?

    26
    See 2 more replies ▾
    Install the app to use these features.
    Mute Ciaran O'Shea
    Favourite Ciaran O'Shea
    Report
    Jul 14th 2016, 7:27 PM

    If she died could her estate continue the case

    37
    Install the app to use these features.
    Mute Matt Connolly
    Favourite Matt Connolly
    Report
    Jul 14th 2016, 9:45 PM

    No they couldn’t. Only the injured party can claim a tort

    47
    Install the app to use these features.
    Mute KM TON
    Favourite KM TON
    Report
    Jul 14th 2016, 5:39 PM

    And as soon as they giveth, they taketh away

    122
    Install the app to use these features.
    Mute Inns Quay
    Favourite Inns Quay
    Report
    Jul 14th 2016, 10:23 PM

    it is true what they say, you never miss your health until it is gone

    14
    Install the app to use these features.
    Mute Conor Cummins
    Favourite Conor Cummins
    Report
    Jul 14th 2016, 6:51 PM

    €60,000 for being bumped by a trolley. I’m off to the supermarket.

    114
    Install the app to use these features.
    Mute Inns Quay
    Favourite Inns Quay
    Report
    Jul 14th 2016, 10:16 PM

    you must be a masochist

    8
    Install the app to use these features.
    Mute Odhran MacMurchadha
    Favourite Odhran MacMurchadha
    Report
    Jul 14th 2016, 5:41 PM

    Justice done.
    Those trolleys are a hazard in supermarkets everywhere nowadays. This work should be done off hours when the public aren’t using the store.
    Could have killed the poor old dear.

    110
    Install the app to use these features.
    Mute Ariana
    Favourite Ariana
    Report
    Jul 14th 2016, 5:54 PM

    They’re not a hazard if pulled instead of pushed, and well controlled. Sounds like lack of proper training, or they didn’t listen to the training.

    121
    Install the app to use these features.
    Mute Odhran MacMurchadha
    Favourite Odhran MacMurchadha
    Report
    Jul 14th 2016, 5:59 PM

    Either way the fault lays with the employers, in this instance Dunnes.

    78
    See 1 more reply ▾
    Install the app to use these features.
    Mute Tadhg
    Favourite Tadhg
    Report
    Jul 14th 2016, 7:21 PM

    Justice?! Absolutely ludicrous that the woman got €45k for “back pain”. I’ll take that hit for €10k. Hell, they can hit me twice as hard.

    51
    Install the app to use these features.
    Mute Billy T Murphy
    Favourite Billy T Murphy
    Report
    Jul 14th 2016, 6:36 PM

    Her story doesn’t stack up.

    81
    Install the app to use these features.
    Mute Winston Smith
    Favourite Winston Smith
    Report
    Jul 14th 2016, 8:29 PM

    These crazy awards should be stopped asap. American litigation culture is helping to erode people’s sense of justice and allowing chancers to put jobs/business at risk. Of course there are genuine cases but awards should be linked strictly to medical costs and compensation of lost earnings and importantly only paid out as the bills arrive and not in lump sums with indignant judicial top ups for spurious reasons. Mary can never look in the mirror again because of the 5cm scar on her chin or Joe will never be able to tie his shoe laces again…come on this is life…if we caused half these accidents ourselves while alone we’d dust ourseves down and get on with it maybe not even mentioning it out of embarrasement!

    65
    Install the app to use these features.
    Mute Inns Quay
    Favourite Inns Quay
    Report
    Jul 14th 2016, 10:20 PM

    if someone causes you years of pain and suffering, they should not be required to compensate you for that? you should try chronic pain and re-assess

    35
    Install the app to use these features.
    Mute Val Rossi
    Favourite Val Rossi
    Report
    Jul 14th 2016, 11:17 PM

    Like being Married

    16
    See 1 more reply ▾
    Install the app to use these features.
    Mute mr magoo
    Favourite mr magoo
    Report
    Jul 15th 2016, 10:10 AM

    awwwwwwwh the poor poor insurance companies :( did they only make 50 trillion instead of 80 gazillion. me heart bleeds. how dare the ok dear set up a big elaborate scam for 60k. bet she’s off jet skiing in the Seychelles

    9
    Install the app to use these features.
    Mute John Moylan
    Favourite John Moylan
    Report
    Jul 14th 2016, 9:15 PM

    Ridiculous decision. I hope Dunnes appeal it. A pre existing condition, and didn’t actually get knocked over. Dumb.

    49
    Install the app to use these features.
    Mute Inns Quay
    Favourite Inns Quay
    Report
    Jul 14th 2016, 10:16 PM

    “aggravation”

    4
    Install the app to use these features.
    Mute name cannot be blank
    Favourite name cannot be blank
    Report
    Jul 14th 2016, 8:05 PM

    Now the daughter plays the waiting game to inherit the money .well played ,compo culture alive and well . For now………….€€€€€€€€€€€€€€€

    45
    Install the app to use these features.
    Mute Mary Maher
    Favourite Mary Maher
    Report
    Jul 14th 2016, 9:27 PM

    On what grounds could they appeal? They have already admitted liability for depriving this lady of her quality of life. Just pay up and be gracious about it. People matter.

    34
    Install the app to use these features.
    Mute Ben Connolly
    Favourite Ben Connolly
    Report
    Jul 14th 2016, 5:51 PM

    Party in the blacker

    33
    Install the app to use these features.
    Mute Ben Connolly
    Favourite Ben Connolly
    Report
    Jul 14th 2016, 5:54 PM

    Aaaaah it’s closed

    11
    Install the app to use these features.
    Mute david dickson
    Favourite david dickson
    Report
    Jul 14th 2016, 9:46 PM

    You’re weird.

    1
    Install the app to use these features.
    Mute Donie Keyes
    Favourite Donie Keyes
    Report
    Jul 15th 2016, 12:41 AM

    There’s a big difference in being hit with a pallet truck and being hit by a trolley. The headline is misleading.She wouldn’t need to have fallen. They can crush bones easily.

    29
    Install the app to use these features.
    Mute Alice Lee
    Favourite Alice Lee
    Report
    Jul 15th 2016, 1:54 PM

    And a massive difference with being hit and being “Trollied”. I was trollied in mcdonals at 3am once and they threw me out, can I claim compensation?

    6
    Install the app to use these features.
    Mute Anthony Healy Poroloniczak
    Favourite Anthony Healy Poroloniczak
    Report
    Jul 14th 2016, 5:39 PM

    The worker was off his Trolley for not paying attention

    26
    Install the app to use these features.
    Mute Eamonn Hughes
    Favourite Eamonn Hughes
    Report
    Jul 14th 2016, 6:33 PM

    Nice one Dunnes for knocking an old woman down and destroying her final years. Well done again then on actually considering mounting a full defence. And super of you to appeal and delay this woman her rightful compensation. This coupled with the way they treat their staff is why I stay well away from Dunnes.

    122
    Install the app to use these features.
    Mute scoop delivery
    Favourite scoop delivery
    Report
    Jul 14th 2016, 6:40 PM

    When did she get knocked down…. Must have missed that bit…

    69
    See 5 more replies ▾
    Install the app to use these features.
    Mute Chris Mcdonnell
    Favourite Chris Mcdonnell
    Report
    Jul 14th 2016, 7:13 PM

    Eamon maybe read the article before commenting. She wasn’t knocked down. And the injury was pre -existing
    Another case of compo culture

    81
    Install the app to use these features.
    Mute brian boru
    Favourite brian boru
    Report
    Jul 14th 2016, 7:24 PM

    Insurance gone up forty per cent on average announced today slowly but sure we will be living in a jungle of warning signs and will have to sign liability release forms to use the bathroom.

    We have a massive parasitic animal on the countries back and it is going to destroy the country our compensation culture . When I walk the dog all the fields I walked this time last year are closed off with signs warning no access. Who can blame the farmers with settlements of this magnitude consistently been given out like smarties they have no choice.

    45
    Install the app to use these features.
    Mute Skim Coat
    Favourite Skim Coat
    Report
    Jul 14th 2016, 7:27 PM

    It wasn’t Dunnes that knocked her over, it was a member of staff not doing what they should.

    28
    Install the app to use these features.
    Mute Inns Quay
    Favourite Inns Quay
    Report
    Jul 14th 2016, 10:22 PM

    Chris you may have overlooked the word ‘aggravation’

    7
    Install the app to use these features.
    Mute mr magoo
    Favourite mr magoo
    Report
    Jul 15th 2016, 10:17 AM

    Pollocks. Insurance companies are parasites and they are usually owned by the same banksters we bailed out. now you want them to take the premiums and never have to pay out and all the dumb idiots green thumbing in defence of the insurance companies. do seem people really believe that their premiums would drop if no one one claimed. unbelievable. insurance companies laughing their asses off at the public fighting their corner for them.

    2
    Install the app to use these features.
    Mute Carol Mc Cabe
    Favourite Carol Mc Cabe
    Report
    Jul 14th 2016, 11:31 PM

    The staff will fall victim,more hours cut

    2
    Install the app to use these features.
    Mute Curtis Ruben
    Favourite Curtis Ruben
    Report
    Jul 15th 2016, 9:54 PM

    My name is Curtis Ruben am from Texas US. I want to share a testimony of how Dr. Royal herbal mixture cream saves me from shame and disgrace, my penis was a big problem to me as the size was really so embarrassing,and i was also having weak erection problem. I can make love to my wife and my pines was just too small a full grown man like me having 4 inches penis and to worsen it i don’t last in sex i cant even last two minutes it was really a thing of shame to me. My wife was really tired of me because my sex life was very poor,she never enjoyed sex,i was always thinking and searching for solutions everywhere until when i saw a testimony of how Dr. Royal herbal mixture cream have been helping people regarding their sex life, so i decided to give him a try and to my greatest surprise in less than one week of taking the herbs my penis grow to 8 inches i couldn’t believe my eyes and as i speak now my penis is now 8 inches and i do not have week erection again. I can make love to my wife longer in bed. And my marriage is now stable,my wife now enjoy me very well in bed. You can contact him via Azukaspellcaster@outlook.com Thanks for the Enlarge pines you did to me to save my marriage…I am really grateful sir,

    1
    Install the app to use these features.
    Mute Alois Irlmaier
    Favourite Alois Irlmaier
    Report
    Jul 15th 2016, 2:39 AM

    As the saying goes, they just don’t care?

    1
    Install the app to use these features.
    Mute Brendan Glynn
    Favourite Brendan Glynn
    Report
    Jul 15th 2016, 4:44 PM

    HUGE “pallet”ive costs!

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds