Martin -v- Dunnes Stores (Dundalk) Ltd [2016] IECA 85 (14 March 2016)

Martin -v- Dunnes Stores (Dundalk) Ltd [2016] IECA 85 (14 March 2016)

The defendant had in place a reasonable and practicable system for providing assistance and adequate manual handling training; the plaintiff failed to follow procedures and her injury was not caused by any negligence or breach of duty by the defendant.

Citation
[2016] IECA 85
Parties
Plaintiff/respondent: Geraldine Martin; Defendant/appellant: Dunnes Stores (Dundalk)
Jurisdiction
Ireland
Judgment Date
14 March 2016
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court award set aside
Legal Topics
Employer's Duty of Care, Manual Handling Training, Safe System of Work, Negligence
Employment Law Personal Injury Employer's Duty of Care Manual Handling Training Safe System of Work Negligence

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Parties

Geraldine Martin

Plaintiff/respondent

Dunnes Stores (Dundalk)

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant breached its duty of care to the plaintiff by failing to provide adequate assistance and training
  2. 2 Whether the defendant's system for providing assistance was reasonable and practicable
  3. 3 Whether the plaintiff's injury was caused by any negligence or breach of duty by the defendant

Ratio Decidendi

The defendant had in place a reasonable and practicable system for providing assistance and adequate manual handling training; the plaintiff failed to follow procedures and her injury was not caused by any negligence or breach of duty by the defendant.

Court Disposition

Appeal allowed; High Court award set aside

Orders

  • Award of €67,450 in damages to plaintiff set aside
  • Defendant not liable for plaintiff's injury