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Sunday 28 May 2017

€65,000 payout for Dunnes chef hurt trying to catch glass

Olga Djadenko outside court Picture: Courtpix
Olga Djadenko outside court Picture: Courtpix

An assistant chef who hurt her shoulder and ankle while working in the deli at a Dunnes Stores branch has been awarded €65,000 by the High Court.

Olga Djadenko suffered a jerking injury to her left shoulder and a partial ligament tear in her ankle joint when she tried to catch a piece of counter glass which was falling to the ground after she washed it.

Painful

Ms Djadenko, of Rosedale Crescent, Clonee, Co Meath, was working at Dunnes in Ongar Village, Clonee, when the accident happened on June 21, 2011.

Mr Justice Anthony Barr said Ms Djadenko had said she continued to experience some pain in her ankle and if she walked long distances it swelled and was painful.

She cannot go running and is unable to wear high heels. Her shoulder, she reported, is better.

The judge said that while Ms Djadenko did not make a huge issue of the continuing problems she was upset she was still not able to wear high heel shoes at the time the action came before the courts five years later.

"This represents a significant continuing disability for her. She is a young single woman who may well want to wear high heeled shoes when going to formal functions, such as weddings, birthday parties or dinner dances, or she may want to wear them when going out to a restaurant with a boyfriend or male companion," he said.

This continuing disability merited a modest award of damages into the future and he allowed €15,000 for that. He also awarded €45,000 for general damages along with €5,246 special damages.

Toppling

Ms Djadenko, who now works in a different job, told the court that she left Dunnes in 2013 after incidents including being hit by a trolley; a box of sweets falling from an upper shelf on to her head; and a bottle of liquid toppling over at the checkout, hitting her on the forearm.

Mr Justice Barr granted a stay on the award in the event of an appeal by Dunnes Stores, providing €40,000 was paid out immediately.

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