A woman who suffered lasting back and bladder problems after slipping on grapes in a Tesco supermarket in Kilrush has been awarded €1,439,495 by the High Court.
The accident happened on 28 August 2012. Tesco Ireland Limited conceded liability. The judgment, delivered by Mr Justice Barr on 6 May 2016, assessed the damages due to Patricia Walsh after a hearing on the extent of her injuries and future losses.
Ms Walsh underwent lower back surgery in February 2013, followed by an eight-week rehabilitation stay. A spinal cord stimulator implanted in 2015 significantly reduced her pain, but the judge found that she continued to have daily pain and permanent disability. She also had to self-catheterise three times a day because she could not empty her bladder properly. The judge found she would need to continue for life. The court also accepted evidence of psychological effects and visible surgical scars.
The judge found that Ms Walsh would not be fit to return to work. He rejected her claim that she would have returned to executive-level supply-chain work, but found that she would probably have obtained full-time clerical or secretarial work in 2018. He awarded €373,030 for future earnings and €20,000 for part-time earnings over the following two years.
The court awarded €125,000 for general damages to the date of judgment and €135,000 for future pain and suffering and disability. It also allowed €110,987 in past special damages, including agreed expenses, care and travel costs. A €20,000 claim for additional farm expenses was rejected because the court was not satisfied that the claimed extra costs had been established.
Future awards included €132,750 for urological costs, €110,000 for home help, €192,882 for other expenses and €239,846 for aids and appliances. In calculating future losses, the judge applied the real rates of return set out in the Court of Appeal’s decision in Russell v Health Service Executive: 1% for earnings and care costs, and 1.5% for other costs. The total award was €1,439,495.