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Saturday 1 October 2016

Student who broke little finger in shop door loses €60k case

Student Laurentia Racu Picture: Collins
Student Laurentia Racu Picture: Collins

A 25-year-old law student, who claimed she broke her little finger and lost her nail when a "heavy" shop door slammed on her hand, has lost a €60,000 damages claim and has been told to pay costs.

In the Circuit Civil Court Judge Jaqueline Linnane said she was satisfied the entrance door at Polonez, Cork Street, Dublin, had not been defective and Laurentia Racu had been the author of her own misfortune.

Judge Linnane said Ms Racu claimed that in November 2013, she used the handle on the store door to push it open, walked in and turned around to close the door with her left hand.

Swung

Her finger had been caught in the closing edge of the door, with her nail left hanging.

She was later taken by ambulance to St James's Hospital where X-rays revealed her finger had fractured.

Ms Racu, with an address at The Mill, Riversquare, Dublin, claimed the door had been heavy and swung back in a "speedy" manner.

She had been working as a hotel receptionist at the time and had been off work for one week.

The judge said Ms Racu had told in evidence that she was familiar with the shop and had been concerned that the door swung back.

Ms Racu had been afraid that it would hit somebody, even though nobody had been behind her.

The judge said it was the defendant's case that Ms Racu had been hesitant when she entered the shop and had been trying to remove earphones from her ears as she walked in.

The store had denied the door had been altered when a joint engineers' inspection took place last year and it claimed Ms Racu had been inattentive and careless.

Judge Linnane told Sarah Corcoran, for Mordern House Limited, which owns the store, that the joint inspection had revealed no defect in the door.

Dismissed

The judge said it was very clear from the engineering evidence that the door had handles both on the outside and on the inside.

"If Ms Racu was so concerned about the door swinging back and hitting somebody, although there was no one behind her, she should have used the inside handle," the judge said.

Judge Linnane dismissed Ms Racu's case and awarded legal costs against her.

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