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File photo. Shutterstock/bikeriderlondon

Woman loses case after suing Lidl for €75k over groceries placed in a baby buggy

The woman sued Lidl for defamation after staff asked her if she paid for some motor oil in the buggy.

A JUDGE IN the Circuit Civil Court has warned parents of the dangers in using baby buggies as shopping baskets.

“People should be very careful when shopping in any store and going around with a buggy full of items taken from the shelves,” said Judge Jacqueline Linnane.

The judge made the remark while dismissing a €75,000 defamation claim brought by Dublin mother Megan Chapman against Lidl Ireland.

Judge Linnane said in March last year that Chapman had bought a bottle of motor oil for a relative at Lidl, Market Green, Balbriggan, Dublin, and had placed it in a compartment under her daughter Hollie’s buggy.

She had intended to bring the oil to her uncle, John Chapman, later that day but had changed her mind and had gone back to the same Lidl to buy some groceries, with the bottle of oil still in the buggy.

The judge said Chapman had put all the items she collected in the store on the top of the buggy.  She had placed them on the conveyor belt at the check-out but had not notified staff she had bought the oil earlier that day.

The court heard that she had been paying for the items when she was approached from behind by another cashier, Lina, who touched the bottle of oil and shouted at her several times: “You haven’t paid for this,” before refusing to look at the receipt.

Chapman, of Pinewood Green Lawn, Balbriggan, claimed she had been embarrassed and humiliated and her daughter, Hollie, had been screaming and crying.

Barrister Kenneth Connolly, who appeared with McDowell Purcell solicitors for Lidl, said the store denied liability or that the cashier had acted in an unreasonable manner.

Lina told Connolly that she had been at her till behind Chapman and had seen her putting items from the buggy onto the belt.

As she had noticed the bottle of oil underneath the buggy, she had come close to Chapman and had asked her: “Sorry, did you pay for this?” to which Chapman had answered that she had. Lina had then said “That’s fine” and left.

Judge Linnane said in her view it was totally reasonable to ask Chapman if she had paid for the oil, as it was an item on sale at the time in the store, and she had removed other items from the buggy.

Dismissing Chapman’s claim, she said she preferred the cashier’s account of what had happened.  She awarded legal costs against Chapman.

Read: Man who defecated in Garda interview room sentenced to 16 months >

Read: Dublin Airport WON’T have to pay woman €60,000 for fall >

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    Mute Trevor Beale
    Favourite Trevor Beale
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    Dec 10th 2015, 7:53 AM

    I’d have to say, I’d be 100% behind the nurses with this. Bad conditions can only be put up with for so long. In my eyes, they’re doing this for the good of their patients, rather than themselves.

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    Mute Comexicity
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    Dec 10th 2015, 11:42 AM

    We need to put a few billion more into the health service. Where will the money come from though? Maybe DOB will pay for it.

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    Mute brian boru
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    Dec 10th 2015, 12:03 PM

    Print it!

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    Mute R39CRW8f
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    Dec 10th 2015, 12:11 PM

    Plenty of inefficiencies can be found in admin staff. They’re still doing lots of manual work that could be done by software.

    I spoke with a HSE friend about staffing who said it went like this.

    1. Due to cutbacks the number of frontline staff is not being maintained.
    2. A senior official appoints a manager to advise where “effeciencies” can be made (instead of hiring more people due to embargo).
    3. This cost of the new manager could pay for 2 or 3 new nurses.
    4. New manager advises where efficiencies could be made, but also advises new frontline staff needed. (no shit sherlock)
    5. Hospital cannot hire staff directly, so instead pays over the odds to a recruitment agency for a temp nurse or HSA.
    6. Rinse and repeat.

    Example: a Health Care Assistant earns avg €11 per hour. Cost to hospital to directly hire fulltime person HCA: €23.
    Cost of hiring per hour via Recruitment Agency €30+ per hour. It actually costs more!

    Just another scam brought to by FG/Lb

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    Mute Ciarán Masterson
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    Dec 10th 2015, 12:25 PM

    @James Hanrahan

    “2. A senior official appoints a manager to advise where “effeciencies” can be made (instead of hiring more people due to embargo).”

    The embargo was lifted some time ago.

    “5. Hospital cannot hire staff directly, so instead pays over the odds to a recruitment agency for a temp nurse or HSA.”

    In the long run, use of agency nurses saves money because the government doesn’t have to fund agency workers’ pensions.

    11
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    Mute Enda Ireland
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    Dec 10th 2015, 12:37 PM

    My wife has been a nurse for twenty years, She has taken abuse and been attacked over the years but she still loves the people, This is the first time I have heard her say she cant take any more, It’s because of red tape and bureaucracy she is spending more time with paper work and ticking boxes then dealing with people and now has had enough.End this unnecessary overburdening and allow the people at the coal face do the job they once love.

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    Mute Wally Mooney
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    Dec 10th 2015, 12:37 PM

    Solidarity with the nurses trying to hold together a crumbling system. The government have savaged the wages and working conditions of graduate nurses to help pay for the debts of the bankers. Many have been forced to emigrate and most won’t return to be exploited to pay for a crisis they didn’t create.

    More broadly, the interests of private capital always take precedence over the welfare of the majority and this is why our public health system is eternally dysfunctional as explained by Gene Kerrigan recently:

    “Here is my favourite-ever quote from a politician. It’s from Brendan Howlin, the current Minister for Thrashing the Social Infrastructure.
    No, it’s not the quote from 2011, just before the election, when he asked for our votes and told us: “We are against water charges.”
    No, it’s from an interview Brendan gave about a decade after he was Minister for Health. Being a thoughtful man, he had spent some time reflecting on his experience in coalition. He wondered why he and others had failed to deliver “a first-class public health system”.
    He had since realised, he told author Maev-Ann Wren:”If we did that, there would be no reason for sustaining a private system.”
    And the right-wing want a thriving private health market. They want, according to Brendan, around 30pc of people to pay for private health products.
    However, he said: “In order for that to happen, they really required the public [health] system to be inferior. Why else, if it was first-rate, would people pay for a private system?”
    That’s the sound of a penny dropping.”

    http://www.independent.ie/opinion/columnists/gene-kerrigan/fiddling-while-the-homeless-get-colder-34179628.html

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    Mute Carina Clarke
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    Dec 10th 2015, 12:48 PM

    Spent 10.5 hrs in A&E lastnight with my elderly uncle. The few staff that were on duty were ran off their feet with what seemed to be a normal volume of people attending A&E. There only seemed to be one doctor in the place who I could overhear apologising to patients for the long delays. I have to say I felt very sad for the staff on duty, they are being run ragged. The staff were literally running about the place, everyone from cleaners to porters to nurses & doctors. It seemed to be chaos due to a lack of staff rather than a large amount of patients. A large proportion of patients were also elderly people who had been brought in by ambulance and didn’t have any family with them. It was very sad to see these mostly frail bewildered people in A&E on their own on trolleys. Look after your elderly neighbours even to pop in for 5mins. Don’t assume someone else has called in or that your neighbour wouldn’t want you to call in. Maybe your the only face they will see that day.

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    Mute Jorge Thompson
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    Dec 10th 2015, 4:49 PM

    “”"2. A senior official appoints a manager to advise where “effeciencies” can be made” …
    Then the senior official is not capable of doing his own job and should be fired – or have his hefty salary reduced to pay for 2 or 3 more nurses.

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    Mute john g mcgrath
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    Dec 10th 2015, 7:48 AM

    Glad to hear Leo commenting on jailing of independents as he has sorted out the hospital crises !!!!!

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    Mute John Ó'Ríordán
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    Dec 10th 2015, 11:48 AM

    He’s only interested in raising the price of drink to get more money for the bank repayments. We are only tax payers not citizens. The nurses are true public servants not the politicians.

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    Mute Enda Ireland
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    Dec 10th 2015, 12:25 PM

    Time for Leo to step down he is obviously incapable of fixing the problems in our hospitals.

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    Mute John Burke
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    Dec 10th 2015, 7:53 AM

    Let’s be honest with ourselves, FG want small government and small public services if you want this American style society then vote for them. I personally want a well funded and motivated nurses, doctors and teachers who have job ownership and receive funding for the needs of society that’s not all about profits that go to the few on the backs of independent many.

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    Mute Simon Burke
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    Dec 10th 2015, 8:23 AM

    John, many people actually want a third way. Well funded services that use money efficiently. Public services like the HSE do not have the right to demand endless cash from people who work hard for their families. People like you who think throwing money at public services is always the answer just help create a culture of endless entitlement. And the PAYE worker is expected to fund that entitlement. It’s not fair. And it’s not moral.

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    Mute iohanx
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    Dec 10th 2015, 8:13 AM

    Liam Doran is a disgrace, how long has he been doing his job and has got nowhere for nurses!

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    Mute Colm Lambert
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    Dec 10th 2015, 8:43 AM

    Good point. This fella’s been leading these sort of campaigns and protests for years, yet nurses still seem no better off nor any happier than when he got the job.

    Logic therefore suggests that either he’s not good at it, or else the role is a pointless one since it can’t actually effect any change. And how much does he get paid again?

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    Mute littleone
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    Dec 10th 2015, 7:55 AM

    Can’t blame the nurses. They work very hard. The government have failed when it comes to tackling thehealth crisis. The minister should have resigned. He spends more time talking about things nothing to do with health.

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    Mute Gearoid 'Bosco' Conroy
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    Dec 10th 2015, 8:36 AM

    Maybe they could reopen all the regional hospital departments they closed over the last few years, instead all cases are referred to major hospitals like Galway, Limerick, Cork and Dublin. Sadly all these hospitals were at near full capacity before these closures.
    To many people having to travel long distances for out patient and emergencies when perfectly good hospitals in their own locality’s were shut down.

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    Mute Esther GroarkePowell
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    Dec 10th 2015, 11:51 AM

    Nurses pay was decimated a few years ago. Especially for the newly qualified. They left in their droves for a better life in countries where nurses are respected and paid duly.
    What’s the incentive to return now ? No pay increase or improvement of conditions.
    Most of the newly qualified nurses I know that stayed work as nurses assistants as
    they are paid better with less responsibility & litigation . This isn’t rocket science. Pay them properly, improve working conditions -.

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    Mute @mdmak33
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    Dec 10th 2015, 10:07 AM

    Leo should resign at this stage, the actions he has NOT taken is costing lives,the state of hospitals s totally unacceptable, and he is responsible, and the decent thing to do is go.

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    Mute Willy
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    Dec 10th 2015, 10:56 AM

    Yeah but Leo is busy adding another tax to the trodden people. Hands in pockets with minimum price of alcohol. What’s next? Muppet…

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    Mute rory2u
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    Dec 10th 2015, 7:56 AM

    With the average nurse’s salary at 58k they really should focus on their patients and not Liam Doran trying to justify his undisclosed salary by these ballots for strikes..

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    Mute Alien8
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    Dec 10th 2015, 8:11 AM

    Guys, I’m in the same boat; unions disgust me with their selfish greed and opportunism with strikes from enriched occupations like teaching and public services that are for improving their private wealth at the detriment of others… But: this, and other nurses strikes, have a realistic demand – to stop overcrowding and improve conditions. Doran might be encouraging this to justify his massive pay, BUT – this is driven by people on the ground and should be fully supported by the public. Always look at the details before making up your mind.

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    Mute Irish Nurses
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    Dec 10th 2015, 10:56 AM

    Really Rory? 58k? A nurse on the top scale of pay after 12 years of service will receive €42,469.

    https://www.inmo.ie/_INO/Documents/Salary%20Scales%20at%20the%201st%20April%202014.pdf

    You are missing the point. The reason they are stuck on the “money” issue is because realistic solutions to this problem will only be found by offering a package which can compare with private Irish hospitals and UK hospitals. It is all very well the government stating they will hire 144 nurses immediately, but the reality is, and nurses are well aware of it, that the HSE will not be able to fill those posts. What nurse in their right mind would enter into such a chaotic and dangerous work environment when they can nurse elsewhere for less stress and more money?
    As long as the package being offered by the HSE cannot compete with others, those 144 posts will not be filled and ED nurses will continue to go to work in extremely dangerous conditions, putting their careers on the line every day. One mistake, and their career is over. So forgive them for seeking a realistic solution. It is not simply “about the money”!

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    Mute rory2u
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    Dec 10th 2015, 11:33 AM

    Irish Nurse Eh it is 58k plus…Sunday Business Post had it article on that in October. You are not including allowances which bring the figure to 58K per whole time employee. Sure the government annual accounts had it at 56k in 2005 (http://health.gov.ie/blog/press-release/statement-by-mary-harney-t-d-minister-for-health-and-children-on-the-dispute-by-members-of-the-irish-nurses-organisation-and-psychiatric-nurses-organisation/)

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    Mute CABK
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    Dec 10th 2015, 12:02 PM

    Wow Rory – that is such amazing news. I must tell my sister and all her friends who are general nurses qualified four years and all on 32K that they are entitled to an extra 26,000 euro in allowances every year. Wow I really don’t know how they all missed that extra money. They will be so delighted as they were operating on the presumption that the wages they get are the ones that are paid into their accounts each month – you know, the ones based on the official salary scales for nurses.

    I would really appreciate it if you could give me some extra information to pass along to them as to how they can go about claiming 26,000 in allowances per year- given you know so much about it. It would be very helpful to them in getting the average salary of 58k instead of the 32K they currently get.

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    Mute Irish Nurses
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    Dec 10th 2015, 12:22 PM

    Paper doesn’t refuse ink Rory. Firstly, you are quoting a report by the government which was published 10 years ago. There have been significance cuts in public sector pay since then.
    Your comment stated the average nurses pay is 58k. I am an “average” nurse. I am a staff nurse on grade 9 of the pay scale. As a staff nurse I will never get anywhere near this 58k you refer to. This figure takes all of those in the nursing profession, (directors of nursing, assistant directors of nursing, Clinical nurse managers 1, 2 and 3, clinical nurse specialists, advanced nurse practitioners and staff nurses) on huge wages and all of those on low wages and finds an average. This is not the average nurse.

    The average wage for a full time employee in Ireland is €40,000 per annum.

    http://www.irishtimes.com/opinion/super-rich-or-super-angry-where-are-you-on-ireland-s-income-pyramid-1.2104861

    And yet over 50% of all workers in Ireland earned less than €28,500 last year. You can twist figures any way you like but the reality is that the vast majority of nurses on this country will never earn more than €45,000 (including their “bonuses”) in their career. There is no other professional in the public service (Garda, teacher, other healthcare professional) who earns less.

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    Mute Joey Gee
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    Dec 10th 2015, 11:32 AM

    Nurses are right but, does anyone else remember the FG/ILP promises to get rid of trolly waiting?

    36
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    Mute Blacksod63.
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    Dec 10th 2015, 9:01 AM

    HSE rep on Morningireland said all items had been agreed on bar one. Money. So it does come down to cash no matter what Inmo say.

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    Mute Mark Hallon
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    Dec 10th 2015, 11:39 AM

    Once the min price alcohol and sugar tax kicks in, people will be so healthy hospitals will be obsolete. its fool proof, although I’m not sure we can afford 30 years worth of pensions for each citizen when you factor increased life expectancy

    21
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    Mute Donna Moss
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    Dec 10th 2015, 7:50 AM

    No talk of strikes from the unions the last few years but now the country is back on its feet it has them on the news again. I know our health service needs fixing.

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    Mute Martin Gallagher
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    Dec 10th 2015, 2:19 PM

    I could be wrong here but the problem of overcrowding in our public hospitals might have something to do with the restriction on the number of consultant doctors within this service?

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    Mute rory2u
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    Dec 10th 2015, 3:12 PM

    There are some nurses who earn 80k and some 30k. But the HSE pays on average 58k per whole thime equivalent. I get that that isnt much comfort to those at the bottom, but it doesn’t change the figures. Its the same in most professions…

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    Mute Tony O' Leary
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    Dec 10th 2015, 6:47 PM

    There are no nurses in ireland on anywere near 80k .average pay would be 30-32k. .

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    Mute William Kelly
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    Dec 11th 2015, 8:18 AM

    Bedlam without beds, been there. Staff conditions dreadful, Nightingales all.

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