District Court
New South Wales
Medium Neutral Citation: Gomez v Woolworths Group Limited [2023] NSWDC 221 Hearing dates: 12-13 April 2023; 18 May 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: 1. The proceedings against the defendant are dismissed.
2. Verdict and judgment for the defendant against the plaintiff.
3. The plaintiff is to pay the defendant’s costs of the proceedings as agreed or assessed.
4. Leave is granted to either party to apply within 14 days to vary the costs order in (3) above.
Catchwords: TORTS – negligence – slip and fall – Civil Liability Act 2002 (NSW) claim – alleged breach of duty of care by the defendant relating to the inspection and cleaning of the defendant’s supermarket store – whether breach of duty of care – whether any breach caused the plaintiff’s injuries – current disabilities of the plaintiff - damages
Legislation Cited: Civil Liability (Non-Economic loss) Amendment Order 2022 (NSW)
Civil Liability Act 2002 (NSW)
Cases Cited: Alat v Franklins Pty Ltd [2012] NSWDC 104
Argo Managing Agenc y Limited v Al Kammessy [2018] NSWCA 176
Avopiling Pty Ltd v Bosevski [2018] NSWCA 146
Buljat v Coles Supermarkets Australia Pty Ltd [2022] ACTCA 71
Chen by her tutor Huang v Kmart Australia Ltd [2023] NSWCA 96
Jackson v McDonald’s Australia Ltd [2014] NSWCA 162
Kocis v S E Dickens Pty Ltd [1998] 3 VR 408
Lloyd v Thornbury [2019] NSWCA 154
New South Wales v Moss [2000] NSWCA 133
Patrick Stevedores Operations (No 2) Pty Ltd v Hennessey [2015] NSWCA 253
Penrith City Council v Parks [2004] NSWCA 201
Strong v Woolworths Limited [2012] HCA 5; (2012) 246 CLR 182
Category: Principal judgment Parties: Martha Cecil Chacon Gomez (Plaintiff)
Woolworths Group Limited (Defendant)Representation: Counsel:
Solicitors:
H Marshall SC and J Tryon (Plaintiff)
B Wilson (Defendant)
Emanuel Refenes Solicitor (Plaintiff)
Meridian Lawyers (Defendant)
File Number(s): 2022/00077986 Publication restriction: No
JUDGMENT
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In these proceedings, the plaintiff, Martha Cecil Chacon Gomez, brings a claim in negligence against the defendant, Woolworths Group Limited, in relation to personal injuries allegedly suffered by the plaintiff on 31 May 2021 in a slip and fall accident. The proceedings are brought by the plaintiff for modified common law damages under the Civil Liability Act 2002 (NSW) (“CLA”).
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The plaintiff alleges, in general summary, that she descended escalators to the defendant’s supermarket in the MetCentre at 60 Margaret Street in Sydney at approximately 5:11pm on 31 May 2021. Soon after entering the defendant’s store, the plaintiff claims that she lost her footing when her left foot slipped on a piece of fruit, probably a piece of mango, which had been dropped by a customer entering the supermarket at 5:02pm. This slip caused the plaintiff to lose her balance and fall awkwardly on her right knee and then to the ground. The plaintiff…
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- Case
- [2023] NSWDC 221
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the existence and breach of a duty of care by the defendant, as well as causation and damages. Specifically, the court needed to decide whether Woolworths Group Limited failed to exercise reasonable care in maintaining the safety of its premises, which led to Mr. Gomez’s injuries. Additionally, the court had to examine if Mr. Gomez’s current disabilities were a direct result of the alleged negligence and determine the appropriate compensation for these injuries.
In examining the evidence and arguments presented, the court found that the plaintiff did not successfully establish a breach of duty by the defendant. The court concluded that the fall was caused by an unforeseeable and unpreventable event, which was not within the control of the defendant. Consequently, the court held that Woolworths Group Limited was not liable for the injuries sustained by Mr. Gomez. As a result, the proceedings against the defendant were dismissed, and judgment was entered in favour of the defendant. The plaintiff was ordered to pay the defendant’s costs of the proceedings as agreed or assessed, with an option for either party to apply within 14 days to vary the costs order.
Orders
Orders of the court
1. The proceedings against the defendant are dismissed.
2. Verdict and judgment for the defendant against the plaintiff.
3. The plaintiff is to pay the defendant’s costs of the proceedings as agreed or assessed.
4. Leave is granted to either party to apply within 14 days to vary the costs order in (3) above.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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