A woman, who was injured when her trolley hit her shin as she was trying to go through the entry gates at Aldi, and successfully sued Aldi at first instance, has now been unsuccessful on appeal.
Background
On 19 December 2013, Jenny Korda was entering an Aldi supermarket at the Canberra Centre. There were two entry gates at the store. The first entry gate had earlier been propped open by Aldi staff, as it was not working at the time and was “swinging wildly”. Mrs Korda entered the first gate pushing an empty shopping trolley. She then pushed the trolley towards the closed second gate but as she did so, she looked away from the gate towards a store display of biscuits. The gate failed to open automatically and the trolley hit the gate and then hit Mrs Korda on the lower left shin.
Initial proceedings
Mrs Korda commenced proceedings in the Magistrate’s Court of the Australian Capital Territory against Aldi, in negligence and claimed damages. She was awarded $56,054.93 in damages, which took into account a 50% reduction for contributory negligence. The Magistrate found that Aldi had failed to give shoppers a warning that the entry gate to the store was not operating correctly.
On appeal
Mrs Korda appealed the Magistrate’s finding of 50% contributory negligence. Aldi cross-appealed in relation to the liability finding made against it. His Honour Robinson AJ allowed Aldi’s appeal and set aside the lower court judgment. His Honour found that it was not possible to infer that the breach of duty as found by the Magistrate caused Mrs Korda’s loss.
In a further appeal, Mrs Korda argued that Robinson AJ erred in relation to causation and also that there should be no reduction on account of contributory negligence.
The court upheld Robinson AJ’s findings that the evidence available at trial was not sufficient to support a finding of causation, and dismissed Mrs Korda’s appeal.
Korda v Aldi Foods Pty Ltd [2018] ACTCA 6.
For more information on the above contact Joe Bonura on (02) 4626 5077 or jbonura@marsdens.net.au.
This article first appeared in the CCH Australian Tort, Personal Injury, Health and Medical Law Tracker and is reproduced in full with permission from CCH, a division of Wolters Kluwer Australia: www.wolterskluwer.cch.com.au
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