A Dunnes Stores worker who injured her lower back while loading a trolley with heavy boxes has been awarded €85,000 by the High Court.
Mr Justice Anthony Barr said Justyna Meus suffered a significant injury which has adversely affected her work and social life.
Ms Meus (39), who has since returned to her native Poland, had sued Dunnes Stores as a result of the accident in the chain's store in Newbridge, Co Kildare on April 6th, 2007.
Mr Justice Barr said Ms Meus was required in her work as shop assistant to fetch a number of large boxes from the storeroom. The boxes weighed between 13 to 15kg and contained a number of suitcases of varying sizes.
Ms Meus said, on the day of the accident, the boxes in the storeroom were stacked high above her head and she had to knock them off the top of the pile and let them fall to the ground before putting them on a trolley. She suffered her injury while loading her second trolley, the judge said.
He said Ms Meus lifted a box to her thigh level and then raised her right knee to give the box an extra lift so she could put it on the trolley top shelf. It was while performing this manoeuvre that she hurt her back.
Mr Justice Barr said there was a large dispute between the parties on whether Ms Meus received any manual handling training on the day of her induction in to Dunnes Stores in 2006.
He said Ms Meus struck him as a truthful witness. She had said she was given a tour of the premises, a uniform and a handbook and was told to sign the record card.
The judge found Ms Meus did not receive adequate training in respect of the duties of her employment.
Even if he was wrong on that, the judge said he considered the training stated to have been given to Ms Meus inadequate. A demonstration with a box of A4 paper was not remotely comparable to the lifting exercise Ms Meus had to do in the course of her duties in the store’s men’s department, he said.
The judge said there was also no proper follow up to the training. If this had been the case, Dunnes Stores would have learned Ms Meus was using an incorrect and dangerous method of lifting items. This should have been spotted and corrected, he said.
Mr Justice Barr said Ms Meus has fairly constant pain in her back and he awarded €60,000 in general damages, €20,000 damages for pain and suffering in the future, and €5,000 agreed damages and costs.
He granted a stay on his order in the event of an appeal by Dunnes Stores, on condition €20,000 is paid out immediately to Ms Meus.
