A woman, who successfully appealed a court ruling that she was equally at fault for the injuries she sustained when she fell over in a supermarket, has been awarded £44,000 in her compensation for an accident in Morrisons.
Jean Palfrey (79) from St Annes Chapel in Cornwall suffered serious injuries to her arms and shoulders when she fell over a low-loading trolley used to take goods into her local Morrisons shop in Tavistock, Cornwall in November 2008. The injuries she sustained were so serious that she stayed in hospital for three months with fractures to both humerus bones and was unable to carry out household tasks for a further two years. She still is taking a course of painkillers to cope with the pain she often feels and one of her arms is now shorter in length than the other.
This week Jean’s legal team solicitors successfully appealed the initial verdict in her injury compensation claim for falling in Morrisons – that she was jointly to blame for her injuries as she had said she had noticed the trolley before she judged incorrectly where she was going and tripped over it – after Lord Justice Moses stated ”Shoppers walking up and down aisles in supermarkets are expected to be attracted by what is on the shelves and do not expect to have to look towards the ground”.
Regardless of this, Lord Justice Moses concurred with legal representatives from Morrisons that they were not completely at fault for Jean’s fall, and allocated her 20 percent contributory negligence – thus reducing the award of compensation agreed between the parties in settlement of Jean’s compensation claim for an accident in Morrisons from £55,000 to £44,000.