‘Bike fall’ prompts grandmother to sue Kmart for $750,000
- Replies 22
When we head out for a spot of shopping, the last thing we expect is to leave with anything other than what we came for.
But for one grandmother, a routine trip to Kmart turned into a life-altering ordeal that has now led to a lawsuit.
Rita Marmara, 64, was at the self-checkout lanes at the Kmart store in Woy Woy, on the New South Wales Central Coast, with her granddaughter when the unthinkable happened.
A mountain bike, perched on another customer's trolley, toppled over and struck her back with such force that it caused serious injury. The entire incident was captured on the store's CCTV.
The aftermath of this shocking event was far from over for Marmara. The injuries she sustained were severe enough to require two surgeries and left her with persistent neck and shoulder pain.
This pain also meant she was unable to work at a retirement home.
Taking her case to the NSW District Court, Marmara sought compensation to the tune of $743,971 to cover her medical expenses and the earnings she lost due to her inability to continue working.
Kmart, however, had a vastly different estimation of the damages, suggesting a sum of $5,000, which Judge Judith Gibson found to be 'unrealistic'.
In a victory for Marmara, Judge Gibson awarded her a minimum of $631,461.55, with the exact costs to be determined at a later date.
The judge's decision also addressed Kmart's defence, which implied that Marmara might have been 'fabricating symptoms'.
'The plaintiff has established that her injuries and ongoing disabilities were caused by the negligence of the defendant,' Judge Gibson said.
‘Although the plaintiff was struck only by the larger box, the impact of the blow was considerable. The plaintiff was holding the hand of a small child at the time.’
‘That child could have been struck by one or both boxes falling out,’ she added.
In a similar story, a real estate CEO filed a claim against Kmart when a slip-and-fall accident happened inside the store.
She alleged that the fall resulted in 'considerable pain and suffering and mental anguish', as well as a 'permanent partial disability'. You can read more about the story here.
What are your thoughts on this case, members? Let us know in the comments below!
But for one grandmother, a routine trip to Kmart turned into a life-altering ordeal that has now led to a lawsuit.
Rita Marmara, 64, was at the self-checkout lanes at the Kmart store in Woy Woy, on the New South Wales Central Coast, with her granddaughter when the unthinkable happened.
A mountain bike, perched on another customer's trolley, toppled over and struck her back with such force that it caused serious injury. The entire incident was captured on the store's CCTV.
A mountain bike perched on another trolley fell on Rita Marmara, causing serious injuries. Credit: Shutterstock
The aftermath of this shocking event was far from over for Marmara. The injuries she sustained were severe enough to require two surgeries and left her with persistent neck and shoulder pain.
This pain also meant she was unable to work at a retirement home.
Taking her case to the NSW District Court, Marmara sought compensation to the tune of $743,971 to cover her medical expenses and the earnings she lost due to her inability to continue working.
Kmart, however, had a vastly different estimation of the damages, suggesting a sum of $5,000, which Judge Judith Gibson found to be 'unrealistic'.
In a victory for Marmara, Judge Gibson awarded her a minimum of $631,461.55, with the exact costs to be determined at a later date.
The judge's decision also addressed Kmart's defence, which implied that Marmara might have been 'fabricating symptoms'.
'The plaintiff has established that her injuries and ongoing disabilities were caused by the negligence of the defendant,' Judge Gibson said.
‘Although the plaintiff was struck only by the larger box, the impact of the blow was considerable. The plaintiff was holding the hand of a small child at the time.’
‘That child could have been struck by one or both boxes falling out,’ she added.
In a similar story, a real estate CEO filed a claim against Kmart when a slip-and-fall accident happened inside the store.
She alleged that the fall resulted in 'considerable pain and suffering and mental anguish', as well as a 'permanent partial disability'. You can read more about the story here.
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