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Former restaurant manager awarded €18,000 in damages after cutting foot on broken flower pot plate

Angela Gamble told the Circuit Civil Court that she saw blood coming out of her shoe after walking over the broken ceramic plate.

A 31-YEAR-old former restaurant manager who cut her left foot on a broken flower pot base plate while working in a Co Dublin hotel has been awarded more than €18,000 damages in the Circuit Civil Court.

Angela Gamble told the court the incident happened before lunchtime in May 2012 as she was setting up the restaurant in Roganstown Hotel & Country Club, Naul Road, Swords, Co Dublin.

She said today that the restaurant was busy that day and that she was walking to get some cutlery when she felt a pinch in her foot and saw blood coming out of her shoe.

Gamble told her barrister, Imogen McGrath, that when she looked down, she saw the broken ceramic base plate of a heavy flower pot underneath a chair.

Circuit Court President Mr Justice Raymond Groarke heard Gamble took her shoe off and put her foot in a bucket of ice a colleague had brought from the kitchen.

Gamble, of Mornington Tower, Mornington, Co Meath, said she was driven to the VHI clinic in Swords, where a laceration to her foot was stitched.

McGrath said the wound later became infected and that her client had needed to take antibiotics. The court heard Gamble was off work for several weeks.

Negligence

Gamble, who now works as a conference manager at the Carlton Hotel, Dublin Airport, sued her ex-employer, Nethercross Ltd, which trades as Roganstown Golf & Country Club Hotel, for negligence.

The hotel, which had delivered a full defence to Gamble’s claim, denied liability and claimed she had been guilty of contributory negligence.

It alleged she had been moving the flower pot with a colleague when the base plate cracked and broke. It claimed Gamble’s injury arose when she kicked the broken piece with her foot.

Judge Groarke said he found Gamble to be a compelling witness and was satisfied she had given a correct account of what had happened.

Awarding Gamble €18,775 damages, the judge said the wound had left a nasty permanent scar and that she suffered some degree of disability in her foot.

Read: Travel agent stole €18k from Lapland charity he founded for terminally ill children

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    Mute Motherofdivinejebus
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    Mar 4th 2016, 2:39 PM

    Even if her story is the correct story,
    Surely being a manager, it is her job to make sure that the Broken plate wasn`t there in the first place?

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    Mute Oran Joyce
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    Mar 4th 2016, 2:41 PM

    Go forbid if there had been a Greek wedding taking place.

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    Mute Alan Kennedy
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    Mar 4th 2016, 2:46 PM

    Aye. But given the hotel mounted a full defense (and claimed contributory negligence) I assume that such an issue was explored and she was found not to have had such a responsibility.

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    Mute Captain kirk
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    Mar 4th 2016, 2:55 PM

    But your assuming logic is at play here

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    Mute Alan Kennedy
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    Mar 4th 2016, 3:55 PM

    For my sins I used to deal with such claims (and it was as grim as it sounds) and for the most part the compensation paid out through the Injuries Board never seemed excessive to me when you consider the details of the claims in full (which rarely if ever are reported in stories like these). Likewise I expect the court took the same approach, except in this case there was a defense so they had to heard that too.

    A reasonably severe laceration could involve damage to ligaments or tendons. In some cases the injured party could make a full recovery but with the aid of extensive physiotherapy, which isn’t cheap. They ought not to have to pay for that. In cases involving younger people they’re often very active can can’t partake in sports like they used to etc.

    Also, when you add up time off work, hospital bills, GP bills and medication etc. You’d be shocked how quickly the money mounts up.

    And, in all circumstances the employer does have a responsibility to their employees and to customers. We often take this for granted, but that is until something goes wrong.

    Don’t get me wrong, there are people who will game the system and get seemingly outlandish payments for minor injures. But for every one of those there are countless others who don’t materially benefit from such claims in the end. They’re often still out of pocket and suffering as a result.

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    Mute Captain kirk
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    Mar 4th 2016, 4:04 PM

    I’m sorry but the employer should not be ultimately responsible for an employees bad luck in injuring themselves as a result of their actions. I feel sorry for someone that gets injuries and are out of pocket etc but it doesn’t mean that it’s someones fault.

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    Mute Alan Kennedy
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    Mar 4th 2016, 5:14 PM

    It isn’t bad luck. It was a broken pot. It should have been repaired or removed.

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    Mute Suzie Sunshine
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    Mar 4th 2016, 5:32 PM

    Exactly , she was just as negligent .!

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    Mute Suzie Sunshine
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    Mar 4th 2016, 5:34 PM

    Which would have been part of her role as a manager , Alan .

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    Mute Paul Somers
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    Mar 4th 2016, 6:15 PM

    By the manager?

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    Mute Alan Kennedy
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    Mar 4th 2016, 6:41 PM

    No, she wasn’t “just as negligent” which is evidence by the fact that the defense against liability was to claimed she was and that wasn’t upheld by the court.

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    Mute Suzie Sunshine
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    Mar 4th 2016, 6:55 PM

    She was the manager . she was just as much her fault .

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    Mute Alan Kennedy
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    Mar 4th 2016, 11:04 PM

    No, Suzie. It wasn’t, as per the finings of the court.
    Her employer tried to claim she was and their claim was defeated. It’s not that hard to understand.

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    Mute Suzie Sunshine
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    Mar 5th 2016, 1:17 AM

    Alan , I disagree with what the judge ruled . her employer was right . she was a manager and as a manager is would be in charge overall of the restaurant ,. It would have been her responsibility .

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    Mute Alan Kennedy
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    Mar 5th 2016, 9:50 AM

    How do you know you disagree with the judge, you don’t know what the Judge’s comments were, you don’t know the full details on which the case was judged. How do you know her employer was right? You know for a fact she was responsible? You know for a fact she moved and broke the pot as claimed?

    The judge had all the details and ruled against the restaurant, after the denied liability and attempted to blame the woman for the accident. She was deemed not to be responsible for the accident.

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    Mute IrishGravyTrain
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    Mar 4th 2016, 2:38 PM

    Country has compo mad.

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    Mute Luke Sarpish
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    Mar 4th 2016, 2:40 PM

    Poor petal. She cut her foot. What a chancer. What drugs are these judges on?

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    Mute Uncle Monty
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    Mar 4th 2016, 3:17 PM

    Yokes I’d say. Some love buzz going on dishing out cash…

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    Mute Len Brennan
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    Mar 4th 2016, 3:56 PM

    All Judges started out as solicitors/barristers so that is your first clue. It is a big huge money making/”work” creation scam. As we have seen solicitors/barristers can take on the most frivolous and contrived compo cases and be almost guaranteed the result they are looking for when they take it to court. Judges are basically just rubber stamping these obscene payouts.

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    Mute Mark Hallon
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    Mar 4th 2016, 5:05 PM

    Ah seeing how the solicitor gets 15% they’re not gonna let their buddies work for nothing now are they. Think about this, whoever represented this woman filled out a couple of forms stood in court for 20 minutes with maybe a few hours consultation, 6 hours work at most. €2500

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    Mute Oran Joyce
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    Mar 4th 2016, 2:35 PM

    A Gamble that paid off.

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    Mute AARO-SAURUS
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    Mar 4th 2016, 2:44 PM

    She’s the bloody manager of the place (pun intended) it’s her job to insure the work space is safe. judges are on crack.

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    Mute Random_paddy
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    Mar 4th 2016, 2:56 PM

    Between letting paedos roam free and sanctioning ridiculous payments like this the judiciary are destroying this country

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    Mute Shakka1244
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    Mar 4th 2016, 3:18 PM

    I got a paper cut last week and have been off work ever since – I’m in bits. Now I’m gonna sue Xerox for €100 million.

    ** typing with left hand only because my right hand is mortally injured by said paper cut **

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    Mute Sharon B
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    Mar 4th 2016, 2:49 PM

    When are judges going to stop these pay outs?? It’s become an every day issue.

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    Mute Scarr
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    Mar 4th 2016, 3:04 PM

    €18,000 payout coming soon to a monthly insurance payment near you.

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    Mute KM TON
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    Mar 4th 2016, 2:43 PM

    YOU GET MONEY! AND YOU GET MONEY! AND YOU GET MONEY! AND YOU GET MONEY!! MONEY FOR EVERYONE!!!

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    Mute Lukey
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    Mar 4th 2016, 3:14 PM

    18k not bad for a scratched foot

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    Mute Vincent Wallace
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    Mar 4th 2016, 3:14 PM

    Not even a stitch for f sake. Its her fault it got infected by not applying the correct first aid surely being a restaurant manager she would have basic first aid.

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    Mute Suzie Sunshine
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    Mar 4th 2016, 5:36 PM

    Vincent , her foot was stitched .

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    Mute Geraldine Worth
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    Mar 4th 2016, 3:24 PM

    Seems like an unnecessarily large payout even if the case was the real deal.

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    Mute Shanahan
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    Mar 4th 2016, 3:14 PM

    Christ… I had blood on my sock from a slightly ill fitting shoe. Maybe I should sue Sports Direct for a cool 100 grand.

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    Mute shelly
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    Mar 4th 2016, 4:29 PM

    Please stop with these claims articles Mr Journal as they are just put up to antagonise readers. How can anyone think that an award of €18,000 is justified for a cut on your foot? Have we as a society become so removed from personal responsibility that this award is deemed acceptable or indeed necessary? Were her medical bills €18k? Was she a ballet dancer prior to the incident and her career has now ended?

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    Mute Sum Yung Guy
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    Mar 4th 2016, 3:08 PM

    I’d say she’s doing the Carlton dance after that pay out.

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    Mute Liam Byrne
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    Mar 4th 2016, 4:23 PM

    I picked my nose too much and it started bleeding. Can I sue the nail clipper maker for not cutting my nail properly?

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    Mute Jimmy Murphy
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    Mar 4th 2016, 5:19 PM

    Every bloody day, another story like this. We’re such a country of suckers

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    Mute Gerard Heery
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    Mar 4th 2016, 5:34 PM

    Judge giving away other people’s willy nilly, claimiant beware karma is going to get you !

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    Mute john truman
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    Mar 4th 2016, 6:24 PM

    Hope nobody asked for ice in their drinks after

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    Mute Barra O Brien
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    Mar 4th 2016, 8:32 PM

    Can’t be bothered to make sure everything is ok for patrons and staff, gets big payout. Wouldn’t use the carlton for a conference, God knows what’s on the floor if she’s in charge.

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    Mute Kenneth Bailey
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    Mar 4th 2016, 10:49 PM

    i hate people like her. fookin chancer

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