Elderly entrepreneur wins slip-and-fall case against Woolworth’s

Date: Nov 18, 2019

West Australian mining businessman, Stanley Allan MacDonald, won his court battle against retail giant Woolworth’s.

The most recent hearing related to the elderly entrepreneur’s seven-year court battle with the company came to a conclusion in MacDonald’s favor. MacDonald and his counsel argued that the settlement paid out by Woolworth’s be taxed over the state’s maximum, which prevents the court from awarding damages over $200,000 a year, per the Civil Liability Act.

A case of slip-and-fall

The root of this case stems from a 2012 slip-and-fall accident suffered by MacDonald on a wet floor near the supermarket’s trolley storage at Floreat Forum. The entrepreneur experienced extensive calf bruising, a knee injury and a prolapse of two spinal discs.

He claimed $37.5 million dollars in damages, stating the incident resulted in loss of quality of life, pain and suffering, loss of economic and mining opportunities and need for support to carry out everyday work duties.

The public liability case was drawn out due to not only the extensive evidence provided by MacDonald of his business losses, but because of the entrepreneur’s various medical conditions which made it difficult for him to sit for extensive periods of time. Since the time of the accident, the businessman underwent 15 different medical procedures, stemming from a list of 25 medical conditions.

As a result, an extensive number of meetings were necessary to gain necessary information from MacDonald to inform the case on both sides.

Settlement in favor of MacDonald

The case was settled for around $250,000, far less than the $37.5 million MacDonald was asking for, but exceeding the state cap.

“The safety of our customers and team members is incredibly important to us,” Woolworth’s said in a statement. “We continue to work hard on improving our processes and team training to create the safest possible environment in our stores.”

Have you suffered from a slip and fall yourself or have another public liability matter you’d like to discuss? Gerard Malouf and Partners can help with your claim. Contact us today.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.