Supermarket ordered to pay damages over trolley incident

A supermarket business lost its appeal against a court ruling requiring them to pay nearly $ 500,000 in damages to a woman who was hit by a trolley in one of its supermarkets.

The Sydney Morning Herald reported that the 51-year-old woman was awarded the damages in 2011 in the NSW District Court after she was hit by the box-laden trolley being pushed by a supermarket employee at Kellyville in Sydney’s northwest.

The company appealed the decision, saying that the damages were excessive.

However, in a judgement handed down on Thursday in the NSW Supreme Court, Justice James Allsop dismissed the company’s submissions.

“The submissions asserted that the primary judge’s view was excessive… No reasoned basis was put for the challenge,” said Justice Allsop in his judgment.

The victim was planning to return to work as a registered nurse before the incident. She was previously treated for breast cancer.

In awarding her damages last year, Judge Michael Elkaim said her optimism from recovering from her serious disease had been “destroyed by the pain she suffers from her right hip.”

She was awarded more than $ 497,000, including $ 40,000 for future medical treatment and more than $ 110,000 for future economic loss.

The company appealed saying there were several other jobs which the woman did in the past which she could do again in her present situation and health condition.

But Justice Allsop said “the evidence does not support a conclusion that her opportunities are now so meaningful and diverse that assessment of damages for impairment or earning capacity would be misleading.”

OHS News

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