The High Court awarded Celine Doyle €50,000 for pain and suffering after a heavy door fell on her at work at Dundrum Town Centre in August 2015. It also awarded €1,290 in agreed special damages.
In a judgment delivered on 20 April 2018, Ms Justice O’Hanlon said liability had been an issue until earlier that year, but had since been agreed. The court’s role was therefore limited to assessing damages. The judgment does not set out a separate liability finding or order against Tesco Ireland Limited.
Ms Doyle was changing for her shift in a large disabled toilet at the Tesco premises when the door fell on her back. She told the court she fell and a colleague helped release her. She attended St Vincent’s Hospital with pain to her side and arm and whiplash symptoms. The judgment says causation was not disputed.
The court heard evidence that Ms Doyle had neck, back and shoulder pain, later developing pain in her lower back, left buttock and leg. She underwent physiotherapy and received a nerve root injection, which brought significant relief for a time before pain returned. She was out of work for five weeks, later returned to lighter duties, and worked at a checkout where she could sit or stand. She had reduced her working week from five days to four, but was not claiming lost earnings.
The judgment records that Ms Doyle had difficulty with activities including hill walking, gardening, vacuuming and using stairs. Medical evidence also referred to degenerative changes in her lower back. The court concluded that the accident accelerated a pre-existing degenerative condition. It assessed her neck injury as moderate and her back injury as moderate to severe, citing the prolonged pain and symptoms extending into her buttock and leg.
The judge described Ms Doyle as an honest witness who had not exaggerated her injuries. The €50,000 award was a global sum for pain and suffering arising from the injuries. The judgment does not break that sum down by injury.