High Court: Dublin shop manager awarded €47,200 after slipping at work

About this case:

• Judgment:
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Mr Justice Barr accepted evidence from medical experts that the injury had caused the woman to experience pain in her knee since the date of the accident in 2012, until this was relieved by a second operation in 2016. Her employer conceded liability from the outset, and Justice Barr had regard to the Book of Quantum in addition to relevant case law in arriving at the €47,200 sum.

Background

On 9th August 2012 an accident occurred in which 25 year-old Ms Ligia Pop, who was employed as a manager at C Morton & Sons Ltd shop premises in Ranelagh, suffered injury to her left knee while pushing a trolley with goods in it past a sink, where she was caused to slip due to the presence of water on the floor surface.

Liability was conceded by C Morton & Sons, and there was no plea of contributory negligence made against Ms Pop.

Initially, the injury sustained by Ms Ligia Pop was treated conservatively with the application of an icepack followed by physiotherapy treatment. She was unfit for work for two weeks, then returning to work whilst still on crutches and while still experiencing pain in her knee.

In November 2012, an arthroscopy revealed a tear in the medial meniscus and a partial tear of the anterior cruciate ligament. Despite physiotherapy treatment, she was unable to return to her managerial role due to continuing pain in her knee.

In April 2016, Ms Pop had a further arthroscopy carried out in Romania which “brought about considerable improvement in her condition” and as a result of this second operation, made a full recovery. Ms Pop “did not have any complaints in relation to her knee at the time this matter came on for hearing in October 2016, and freely admitted that she was capable of dealing with the demands of her work as the owner of a coffee shop”.

High Court

Having observed Ms Pop give her evidence, Justice Barr was satisfied that she was “a truthful witness”, and had “not attempted to overstate her injuries either to the court, or to the doctors who treated or reported on her”.

The issue for High Court to determine was whether Ms Pop’s “continued symptoms until the second arthroscopy in April 2016, were due to the accident in August 2012”.

Justice Barr indicated that there was no dispute between the medical experts as to the initial injury sustained as a result of the accident i.e. a tear of the medial meniscus and a partial tear of the ACL.

Both doctors accepted the findings as shown on the MRI scan, to the effect that Ms Pop continued to have the tear of the ACL, which had been seen on the previous arthroscopy, but had gone on to develop a second horizontal tear of the medial meniscus and also had evidence of chondromalacia in the patella.

Both doctors were of the view that the chondromalacia, “which may have pre-dated the accident, and which was asymptomatic prior to that time, was probably rendered symptomatic as a result of the accident”.

Justice Barr accepted the doctors’ evidence as true, as well as Ms Pop’s evidence that she had not experienced any pain in her left knee prior to the accident.

Accordingly, it was “reasonable to conclude that the symptoms which Ms Pop experienced in her left knee from the time of the accident up until the date of the second arthroscopy in April 2016, were attributable to the injury sustained in the accident”.

Damages

In arriving at the sum for general damages, Justice Barr had regard to the guidelines laid down by the Court of Appeal in Payne v. Nugent IECA 268; Nolan v. Wirenski IECA 56; and Shannon v. O’Sullivan IECA 93.

Justice Barr also had regard to the general guidelines as set out in the second edition of the Book of Quantum published by the Injuries Board.

Accordingly, he awarded Ms Pop €45,000 in general damages for the injuries sustained in the accident.

As special damages €2,200 were already agreed, the overall award to Ms Pop was €47,200.