An Ennis woman has lost her case against Dunnes Stores over a 'nasty' baby finger injury which was believed to be caused by a broken Dolmio pasta jar.
This follows Judge Gerald Keys at Ennis Circuit Civil Court dismissing Maria McDonagh’s personal injury action against Dunnes Stores and ordering her to pay the retailer’s legal costs from her unsuccessful action, reports the Irish Examiner.
Judge Keys reportedly made his ruling after finding Ms McDonagh’s baby finger injury was probably caused when picking up the glass debris of the Dolmio pasta sauce jar she let fall at the retailer’s Ennis store on February 4, 2014 and not as Ms McDonagh claimed that she sustained the wound when picking up a broken or defective jar of Dolmio from the shelf.
Judge Keys said: “It is more probable that the injury was inflicted when she handled the debris of the glass when it hit the floor. The plaintiff has not discharged the onus of proof and can’t succeed."
Judge Keys acknowledged that it was a nasty injury but "not that serious" and said, "unfortunately, accidents do happen.”
© 2018 - Checkout Magazine by Donna Ahern