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Tuesday 6 December 2016

Student's nose broken by falling box of cereal

Yana Shmatova (23) had only worked in the store for four weeks by November 17, 2013, when a box of cereal boxes fell on her nose. Stock Picture
Yana Shmatova (23) had only worked in the store for four weeks by November 17, 2013, when a box of cereal boxes fell on her nose. Stock Picture

A student who suffered a broken nose when a box toppled over while she was working in a "dangerous" stockroom in a Dunnes Stores outlet has been awarded €35,000 damages in the Circuit Civil Court.

Judge Sarah Berkeley said she was satisfied the container system used to stock goods on pallets at Dunnes Stores, Swan Shopping Centre, Rathmines, Dublin, could be described as temporary as it lacked shelving and racking.

Yana Shmatova (23) had only worked in the store for four weeks by November 17, 2013, when a box of cereal boxes fell on her nose.

Surgery

Shmatova, of Deer Park, Newbridge, Co Kildare, told the court she had been lifting a container of soya milk packs in the stockroom when the heavy box above her fell.

Shmatova told the court she suffered a fracture to her nose and had undergone surgery to reduce a deviation.

The court also heard Shmatova was conscious her nose shape had changed and she was considering undergoing a rhinoplasty procedure.

Dunnes Stores had denied liability, claiming Shmatova had failed to take reasonable care for her own safety.

Barry Tennyson, a forensic engineer who inspected the stockroom, said it was a dangerous and very congested area, with goods stacked in a haphazard fashion.

Judge Berkeley said she was satisfied Dunnes Stores had not carried out a proper risk assessment of the stockroom.

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