A singer who sued over injuries suffered after she slipped and fell in a Dunnes Stores supermarket has secured €64,300 damages.
Rachel Prior (32), whose stage name is 'Rachy P', sued Dunnes Stores after the incident at a Dunnes shop on Henry Street, Limerick on December 6th, 2008.
She claimed her feet shot out from under her and she fell forcefully on to her back after she came into contact with a white liquid on the floor near the dairy fridge. She claimed she suffered immediate pain.
The court heard she suffered pain in her neck and lower back and other injuries as a result of the accident.
Dunnes Stores denied liability and also pleaded contributory negligence on the part of Ms Prior.
During the action, its lawyers put to Ms Prior that images on social media showing her holding bowling balls and punching a virtual reality boxing machine showed she was not suffering from any significant disability.
In his judgment, Mr Justice Anthony Barr ruled Ms Prior, Woodlawn, Brickhill West, Cratloe, Co Clare had established negligence.
The judge said he accepted expert evidence on behalf of Ms Prior that the floor surface where the accident occurred was shiny and a spillage would not have been readily visible to a person walking down the aisle.
The judge said he was not making a finding of contributory negligence against Ms Prior, whom he found was a truthful witness.
In deciding the amount of the award, the judge accepted medical evidence on Ms Prior’s behalf, while some of her injuries have resolved, she will continue to have lower back pain in the future.
He noted Ms Prior accepted, since the accident, that she did high energy dance routines as part of her musical performances and other activities, some of which were posted on social media.
Despite her injuries Ms Prior had tried to get on with her life but “would pay for her activities in the days after a gig”, he found.
He said it appeared she would be able to pursue a singing career which involves energetic dance moves.
Noting the online posts, the judge said Ms Prior was able to pursue fairly active sporting and recreation activities and it was clear she was “a fit young lady”. However, she would have to adapt her lifestyle to take account of her condition.
Overall she was “a truthful witness” who had not attempted to “overstate” her injuries and was “genuine in her complaints”, he found.
He concluded Ms Prior was entitled to €64,300 damages, plus legal costs.
He agreed to a defence application to place a stay on the judgment provided €30,000 was paid out to Ms Prior from the award, plus €20,000 towards her legal costs.
Ms Prior’s lawyers opposed a stay, arguing it was a “tactic” and had nothing to do with the circumstances of this particular case.