The Irish Independent reports that Judge Michael Hanna accepted Gunta Kadege’s testimony of what happened after she had just climbed the second rung of the ladder when it wobbled and it was argued that the ladder was allegedly defective.
She had told the court that she thought she was on the second rung of the ladder when an accident happened four years ago at Dunnes Stores, Leopardstown, Dublin.
Dunnes Stores had disputed Ms Kadege’s version of events, claiming she stumbled over the ladder as she walked past it, the Independent reports.
Judge Hanna said that there were also discussions about CCTV on the day of the accident and that he preferred the engineer’s opinion to Kadege’s side, who supported Ms Kadege’s version of the accident.
Ms Kadege used a light household ladder and there was significant sway, enough to cause the accident, the engineer said. There is no indication Ms Kadege did anything dangerous, he said.
According to the Indepedent, the accident was caused by the frame becoming loose and there was no evidence of an inspection or risk assessment in relation to the ladder.
The Independent reports that this was the cause of the accident, the judge said, and Ms Kadege was using a ladder that was simply not up to the task awarding her €120,000 in general damages and €40,961 in special damages.
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