A woman who sought damages after she slipped in a Coles supermarket has been granted only $880. Source: AAP
A WOMAN who sought over $100,000 in damages after she slipped in a Coles supermarket has instead been granted only $880.
Leslie Fitzsimmons sued Coles Supermarket after she slipped while shopping at a Gosford store on the NSW Central Coast in December 2009.
Ms Fitzsimmons claimed she suffered injuries to her ankle and back after she slipped on a wet floor while trying to find a birthday cake.
She took the case to the NSW District Court last year, but it was dismissed and she was ordered to pay costs.
Judge Elizabeth Olsson found Ms Fitzsimmons had failed to establish Coles was in breach of its duty of care.
The supermarket had taken precautions to warn customers of the slippery condition of the floor by placing three signs around it, the court heard.
Ms Fitzsimmons said she was hurrying through the store with her daughter on her hip and that she didn't see the signs.
There was also some evidence she was arguing with her boyfriend at the time, although how that affected her falling was not clear, the court heard.
Judge Olsson expressed concern about the "many troubling aspects" of Ms Fitzsimmons' evidence, noting her appearance in the witness box was at odds with what she had told Centrelink and her physiotherapist about her injuries.
"There is a degree of exaggeration by (Ms Fitzsimmons) of her symptoms, particularly when she was presenting to various medical practitioners," the judge concluded.
Ms Fitzsimmons appealed this decision in the Court of Appeal and asserted her claim was worth "many times more than the sum of $100,000".
The appeal court allowed the appeal but ordered Ms Fitzsimmons should receive just $886.50 in damages.
She was also ordered to pay Coles' legal costs.
"By no stretch of imagination could this be regarded as success on the appeal," the judgment said.
The decision comes just weeks after a Sydney woman, Charlene Meneghello, who slipped in a Neutral Bay Coles store, had her award of $120,000 revoked on appeal.
A third woman, Rennie Kissun, was awarded over $170,000 in damages by the District Court earlier this month after she slipped in a Castle Hill Coles supermarket.
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