Mother facing legal costs bill after grape slip claim dismissed
A WOMAN who claimed she suffered injuries after slipping on a grape while working at a fruit and vegetable plant is facing a legal costs bill after her High Court action was dismissed on consent.
Ludmilla Olefeira was out of work for three months and claimed she suffered continuing leg and back pain following the accident at Keelings distribution plant in St Margaret’s, Co Dublin, in April 2016.
During cross-examination of Ms Olefeira on Friday, Hugh Mohan SC, for Keelings, put to her that video and medical evidence did not support her claims concerning the extent of her injuries. Ms Olefeira insisted she had told the truth.
Later on Friday, Richard McDonnell SC, for Ms Olefeira, told Mr Justice David Keane the case had been settled and compromised between the parties and the only order it was necessary to make, on consent, was for dismissal of the case with an order for the defendant’s costs against the plaintiff.
Mother-of-one Ms Olefeira (54), who lives in Swords, is originally from Latvia. She has been working in Ireland since she came here 15 years ago.
She worked for Keelings in a number of positions and was working as an operative scanner, scanning details of products coming into the company, when the incident occurred.
She claimed that while holding the scanning machine and walking to a printer, she slipped on a grape and fell forward, landing on her left knee.
Among various claims, she alleged the company caused or permitted the grape to be and to remain on the floor of the premises, failed to have any or any adequate supervision of the premises and in particular grapes there, and failed to provide a safe place of work.
She claimed she suffered significant pain in her left knee and back, was unable to drive for some two months after and has ongoing symptoms in her knee and back, causing difficulties with doing housework. Keelings denied the claims, denied negligence and pleaded contributory negligence against Ms Olefeira. It claimed she failed to avail of her training in carrying out her duties and was the author of her own misfortune.
Ms Olefeira said she had no complaints before the accident but it may have triggered some difficulty afterwards. During cross examination, the court heard an emergency medicine consultant had described her injury as a mild to moderate soft tissue injury.
When it was put to her the defendant had video footage of her driving a 4x4 vehicle to go grocery shopping on June 10, 2016, when she had claimed she was unable to drive for two months after the accident, she said she maybe went driving after taking strong painkillers.