Elderly women compensated $77,5000 after supermarket employee pushes overloaded trolley into her

Published 05 Aug 2016

In April 2015 our client entered one of the main supermarket stores in Young for the purposes of doing some shopping. She was standing at the end of the isle looking ahead at the shelves when without warning a trolley being pushed by an employee struck our client from behind and knocked her to the ground.

Our client sustained injuries to be neck and spine as well as bruising to her body and a sprained wrist.

Upon speaking to Gerard Malouf and Partners, Mr Kolokossian immediately wrote to the supermarket requesting that they forward to the office all CCTV footage taken of the accident and any incident reports which were made.

Upon reviewing the footage we were able to see that the Aldi employee had clearly over packed the trolley and was unable to see where he was going. The footage also confirmed our clients instructions that she was unware of the trolley before it hit her.

With this information and knowing that labiality was in our favour we commenced proceedings in the District Court of NSW in November 2015.

Our client was elderly pension and therefore it was necessary to move the matter along quickly. Mr Kolokossian quickly organised medical assessment of the client’s injuries and obtained all the evidence required to support the clients claim. Being retired the clients claim was limited to past and future out of pocket expenses, past and future domestic care and assistance and damages for her pain and suffering.

By March 2016 the solicitors agree to have an informal settlement conference. Being a small claim we did not want to waste any further time and money then we needed to. In this way we were able to obtain maximum compensation and justice for our client.

Unfortunately the Defendant’s came unprepared to the informal settlement conference. They had not had organised for the client to be medically assessed and as such would not agree to pay the amount we requested.

Following the settlement conference we pressured the defendant’s solicitors to organise a medical appointment to help quickly progress the matter. An appointment was organised in early May.

By mid-May after the medical report had been obtained Mr Kolokossian again engaged in negotiations with the defendant solicitors. This is via phone and correspondence. By June an agreement had been reached as to total amount of compensation.

The client was happy to walk away with $77,500.00 compensation paid as a result of their injuries. Their matter being wrapped up in just over a year.