A woman who claimed she injured her buttock, back and abdomen when she hit the ground, having fallen from a defective chair in Supermacs, has won her case for damages despite CCTV showing she did not impact the ground during the incident.
Pamela Dudgeon, (57) of Woodlands Grove, Coosan Road, Athlone, Co Westmeath, was awarded €16,400 in damages at Galway Circuit Court after a contested civil action.
Ms Dudgeon, a carer, said she suffers ongoing lower back pain after the incident at a Supermacs outlet in Eyre Square, Galway, on January 6, 2017.
In her claim for damages, Ms Dudgeon told her doctor, solicitor and several expert witnesses she fell and hit the ground when the chair she was sitting on fell from under her.
In November 2020, the High Court ruled that Supermac’s Ltd did not have to provide footage of the incident to Ms Dudgeon which was sought as part of the discovery process.
Supermacs argued that providing the footage to the plaintiff would allow her to “mend her hand” in circumstances where the footage may not support her version of events.
Mr Justice Barr said he was satisfied she did not need the footage to progress her claim, as Supermac’s had already admitted the chair broke and was defective.
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