MUGGLETON v COLES MYER LTD [2007] NSWDC 250

MUGGLETON v COLES MYER LTD [2007] NSWDC 250

Coles knew grapes were prone to fall on the supermarket floor and that customers could slip on the hard surface, yet it failed properly or adequately to implement its accident prevention system, including by not ensuring staff were alert to grapes in the area. The risk was foreseeable and reasonable preventative...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 November 2007
Procedural Posture
Civil Personal Injury Negligence Claim / Ex Tempore Judgment After Hearing; Matter Stood Over for Making of Final Orders
Outcome
Liability found for the plaintiff and damages assessed, but no verdict entered; matter stood over for costs, any stay, and final orders.
Legal Topics
['slip and Fall in Supermarket' 'negligence' 'duty of Care' 'contributory Negligence' 'non Economic Loss' 'economic Loss' 'domestic Assistance']
['torts' 'personal Injury' 'civil Liability'] ['slip and Fall in Supermarket' 'negligence' 'duty of Care' 'contributory Negligence' 'non Economic Loss' 'economic Loss' 'domestic Assistance']

Source-derived case record

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Procedural Posture

Civil Personal Injury Negligence Claim / Ex Tempore Judgment After Hearing; Matter Stood Over for Making of Final Orders

Legal Issues

  1. 1 ['Whether Coles was negligent in allowing a grape to remain on the supermarket floor' 'Whether the plaintiff was contributorily negligent' 'Whether the injury was sufficiently serious to warrant non-economic loss damages' 'What compensation, if any, should be awarded for out of pocket expenses, income loss and domestic care']

Ratio Decidendi

Coles knew grapes were prone to fall on the supermarket floor and that customers could slip on the hard surface, yet it failed properly or adequately to implement its accident prevention system, including by not ensuring staff were alert to grapes in the area. The risk was foreseeable and reasonable preventative action was required. Coles breached its duty of care, contributory negligence was not made out, and the plaintiff's ongoing right arm, wrist and shoulder condition justified damages assessed at $112,947.95 after credit, although final orders were stood over.

Court Disposition

Liability found for the plaintiff and damages assessed, but no verdict entered; matter stood over for costs, any stay, and final orders.

Orders

  • ["Matter stood over to 10 o'clock on Tuesday 13 November to deal with costs, the question of a stay and the making of final orders." 'Copy of the offer of compromise marked exhibit R.']