Woman awarded $90,000 after slipping on grape at Penrith Coles
A mother-of-two who slipped on a grape and fell heavily to the floor in a Coles supermarket has been awarded more than $90,000 in a NSW court.
Sangeeta Guru was shopping at the Penrith supermarket in October 2012 when she fell, injuring her knees and back.
When the beautician looked down at her thongs, she found a squashed grape and more fruit on the floor nearby.
In court on Wednesday, a NSW District Court judge found Coles to be negligent and had failed to address the harm posed by the errant grapes on the floor.
Coles had argued the now 40-year-old should have been looking where she was going, saying there was a “contributory negligence”.
But Judge Leonard Levy disagreed, saying it was not unreasonable for Ms Guru to be looking somewhere other than the floor.
"The plaintiff was looking around her for items to purchase,” Judge Levy said.
“Her surroundings were a supermarket where goods were attractively displayed to induce customers to select particular items for purchase."
Ms Guru had tried to claim more than $1 million in damages including loss of earnings, domestic assistance and out-of-pocket expenses.
She said she continues to suffer pain from soft tissue injuries, which is exacerbated by sitting or walking for long periods of time.
Her ability to carry out housework has been impaired and she told the court she needs pain-killing medication to cope with her difficulties.
Judge Levy found Ms Guru’s injuries would not prevent her from being employed for the rest of her life in deciding the $90,130.45 compensation.
“Apart from a number of referrals for investigations, the plaintiff has had little in the way of active medical treatment,” the court transcript read.
