Rennie Kissun v Coles Supermarkets [2013] NSWDC 134

District Court New South Wales

Medium Neutral Citation: Rennie Kissun v Coles Supermarkets [2013] NSWDC 134 Hearing dates: 11, 12 and 15 July 2013 Decision date: 09 August 2013 Before: Mahony SC DCJ Decision: Verdict and judgment for the plaintiff. For orders see [102] Catchwords: Slip and fall; occupier's liability Legislation Cited: Civil Liability Act 2002 Cases Cited: Strong v Woolworths t/as Big W (2012) 246 CLR 182 Browne v Dunn (1894) 6 R 67 (HL) Adeel's Palace v Moubarak (2009) 239 CLR 420 Penrith City Council v Parks [2004] NSWCA 201 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 44 Coles Supermarkets Australia Pty Ltd v Haleluka [2012] NSWCA 343 Watts v Rake (1960) 108 CLR 158 Purkess v Crittenden (1965) 114 CLR 164 Category: Principal judgment Parties: Rennie Kissun - Plaintiff Coles Supermarkets - Defendant Representation: A Lidden SC with P Khandar and B Tzatzagos - Plaintiff N Polin - Defendant Brydens Law Office McCulloch & Buggy File Number(s): 12/35236 Publication restriction: Nil

Judgment

The Plaintiff's Claim 1The plaintiff who was born on 22 February 1984 claims damages for injuries suffered by her on 22 July 2011 when she slipped and fell within the defendant's premises at Castle Towers Shopping Centre, Castle Hill. The plaintiff claims that she slipped and fell on water which had spilled on the floor, adjacent to the freezer section. The plaintiff claims that the spill had been identified by an employee of the defendant who had, subsequent to the fall, told the plaintiff that she had gone to get a warning sign to place on the floor to warn shoppers of the presence of the spill. 2The plaintiff further claims that following her fall the store manager, when told what had happened, said words within the hearing of the plaintiff to that employee to the effect that she had breached the store policy with respect to spills. 3The plaintiff claims that she suffered an injury to her lower back involving a disc protrusion with nerve root impingement, as a result of which she has been unable to return to work, and has limited her physical capacity. She has also suffered a psychological reaction to her injury.