“She is currently 45 and likely to require the use of a wheelchair for the remainder of her life.”
A woman sustained “catastrophic” injuries when a metal sign fell on top of her as she sat outside a Co Antrim coffee shop, the High Court has heard.
The 45-year-old suffered paralysis and is expected to require a wheelchair for the rest of her life.
Details emerged as a judge ruled that four separate firms being sued over the serious accident must each contribute equally to an initial payment of nearly £1.7m in damages.
Interim damages are required by the woman to fund the purchase of an alternative home and carry out adaptations necessary due to her disabilities.
Proceedings centre on an incident which occurred while she visited a branch Caffe Nero in the Fairhill Shopping Centre in Ballymena on April 5, 2023.
The woman was sitting at an outside table when a branded metal sign and retractable awning housed in a metal box came off the premises and fell on top of her, the court heard.
Mr Justice McLaughlin disclosed: “Tragically, the plaintiff suffered catastrophic personal injuries, including fractures of the thoracic vertebrae and a spinal cord injury.
“This has resulted in lower limb paralysis with no significant recovery of function expected.
“She is currently 45 and likely to require the use of a wheelchair for the remainder of her life.”
Civil action is being taken against Italian Coffee Holdings, trading as Caffe Nero, as occupier and operator of the premises, and Radiant Blinds Ltd over the awning attached to the outlet.
Two other sub-contractors, Spicer Installations Ltd and Jesse Blind and Shutters Ltd, are also being sued for their alleged respective roles in installing the metal sign and re-fitting the awning.
Liability is not accepted by any of the defendants.
But with the case still at an early stage, it was agreed that the woman is entitled to interim damages.
In June this year a High Court Master ordered a payment of £1,668,000, split equally between the four defendants.
Spicer Installations appealed the order by contending the plaintiff is unlikely to establish liability against it.
Based on current evidence, lawyers for the firm argued the requirement to make a £417,000 contribution was therefore unjust.
However, Mr Justice McLaughlin dismissed the appeal after declaring the order for equal payments appropriate and reasonable.
He held that it avoided any risk of becoming drawn into premature disputes in the ongoing action.
“All defendants in this case deny liability and all contend that the blame lies elsewhere,” the judge said.
“The Master’s approach was entirely correct and was the best means by which to ensure fairness to all parties at this early stage of these proceedings.”
For all the latest news, visit the Belfast Live homepage here and sign up to our daily newsletter here.
#Woman #sustained #catastrophic #injuries #metal #sign #fell #Antrim #coffee #shop
