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.

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.

Key Takeaways

• Rita Marmara sued Kmart for $750,000 after a mountain bike fell on her in the Woy Woy store, causing injury.
• The incident, which involved a bike falling from another customer's trolley, was captured on CCTV.
• Marmara claimed damages for medical bills and lost earnings, having undergone two operations and being unable to continue her job.
• The NSW District Court judge awarded Ms Marmara a minimum of $631,461.55, rejecting Kmart's claim that her damages were worth only $5,000 and refuting allegations that she was fabricating symptoms.

What are your thoughts on this case, members? Let us know in the comments below!

 

[Cheviegirl]

Too many people trying to Sue. I thought this was stopped. It was not KMarts fault. if anything it was the fault of the person who had the bike in their trolley. They should have had hold of it.

 

[kerrikennel]

I dont understand. Isn't this the other customers fault??? Why is Kmart paying for the error of a customer?????

 

[LeahI]

I dont understand. Isn't this the other customers fault??? Why is Kmart paying for the error of a customer?????

Guessing they should supply different trolleys for large/heavy items or have staff handle them. Just a thought.

 

[nunna]

I had a similar incident at a supermarket 20 years ago. While waiting to checkout at a maned cashier I had a box of large dog food cans roll onto my back and didn't think much about it but my girlfriend called the manager and a formal complaint was lodged. The next morning I could hardly get out of bed and luckily got to see my Chiropractor. The supermarket only paid for my treatment at the time. Unfortunately I still suffer from discomfort on the same spot.

 

[Glenlusk1943]

Load of crap, how can Kmart be blamed for the stupidity of another customer's actions. And what work does the old granny do that comes to such a large amount. Hope they ban her from entering their stores.

 

[trakn]

Guessing they should supply different trolleys for large/heavy items or have staff handle them. Just a thought.

This is the price Kmart pays for not having enough staff to head off these problems. OH&S demands that these premises are safe not only for staff but customers as well. Had they supplied a trolley say similar to Bunnings this ( for the many heavier items that Kmart sells) would not of happened.
I am not a fan of the sue ,but if you are injured to this extent you need some recourse

 

[kerrikennel]

I had a similar incident at a supermarket 20 years ago. While waiting to checkout at a maned cashier I had a box of large dog food cans roll onto my back and didn't think much about it but my girlfriend called the manager and a formal complaint was lodged. The next morning I could hardly get out of bed and luckily got to see my Chiropractor. The supermarket only paid for my treatment at the time. Unfortunately I still suffer from discomfort on the same spot.

Sorry to hear that, I hope it's not too bad to cope with.

 

[lonelyasacloud]

Kmart should have appropriate trolleys and assistance for large items or collect only at the loading dock - Kmart are at fault here

 

[AlanQ]

I dont understand. Isn't this the other customers fault??? Why is Kmart paying for the error of a customer?????

I happened inside the Kmart premises and their responsible under public liability. There could be a case for civil action against the other person, but much more likely to dismissed unless intent or possible neglect can be demonstrated.

 

[Squizzy1]

How is this K Mart's problem, was it one of their employees who caused the accident??

 

[bschulze]

Too many people trying to Sue. I thought this was stopped. It was not KMarts fault. if anything it was the fault of the person who had the bike in their trolley. They should have had hold of it.

I think it is entirely k marts fault for not monitering the way people load there trollys If k mart had more staff on the floor do away with self service checkouts this would never had happened

 

[Veggiepatch]

A bit off topic but on a bus in south east Melbourne, I was hit in the head by an electric scooter that was in the luggage area. I was sitting in the front seat when the driver braked suddenly, rendering the scooter a missile. I got up and was ready to throw the scooter off the bus at the next stop.

The owner apologised but I told him to ride the f**king thing instead of endangering the wellbeing of other passengers.

 

[Rob44]

It begs the question that we all pay for the type of insurance that businesses have to carry, from one's GP to one's bowling club to Kmart, to cover incidences such as the one described. NZ got out of that trap sometime back in the late 1970s by introducing legislation that prevented one from suing someone if one had tripped over a twig (USA-style) on the pavement and instead introduced an accident compensation scheme that enabled one to claim from government a set cost for the injury.

There have been plenty of complaints in these pages about the costs of seeing a GP; and yet no comments about the cost of a GP's insurance to cover all eventualities, and defending against such claims, that might occur as a result of a GP prescribing a pill or even giving advice.

The same goes for dentists; insurance costs money that we pay the dentist for.

 

[Leeta069]

2 years ago I was in Kmart walking along and a worker had one of the big trolleys FULL to the brim with Christmas things. He couldn't see over it or around it. He hit me in my back as I was trying to turn a corner away from him and also ran up the back of my heels. I yelped in pain and shock. I went to the checkouts and by the time I got served there were tears running down my face. the checkout chick asked if I was ok, a lady from across the aisle came over and asked if I was ok cos she saw what happened and said it was workers fault. Manager came and asked me if I was ok and I said no I was in pain. I left in an ambulance. Ended up having xrays, ultrasound and ct scan. Nine different pain killers over time and none work. Now I am in pain 24/7, some days are worse than others. Kmart gave me a $50.00 voucher for my troubles.........

 

[midgemills]

In 2008 I had a fall in Kmart. I was walking amongst the clothing racks and slipped on a child's pram toy which had the Kmart price tag on it. I damaged my hamstring which led to me having a month off work and had to use sick pay and holiday pay to survive. I still have physical repercussions to this day. Kmart denied responsibility. Oh and by the way guess who is Kmart's insurance company. It's Westfarmers Insurance of cause.

 

[iev]

I dont understand. Isn't this the other customers fault??? Why is Kmart paying for the error of a customer?????

It's understandable that this is our reaction to this story on face value (it was initially mine too), but to answer your question: it would be because, after hearing the details of all the evidence, the Judge determined that it was Kmart's fault and not the shoppers. So there was a nuance here to this incident that we don't know about.

 

[Teddy is my boy]

With regard to Veggiepatch comment, if you are still suffering from what happened it isn’t too late to put in a further claim. You need to talk to a legal representative as soon as possible.

 

[margaretritchie48@hotmail]

Guessing they should supply different trolleys for large/heavy items or have staff handle them. Just a thought.

like they do at bunnings

 

[Rob44]

A bit more about the NZ Accident Compensation scheme; there is plenty there about it on the internet.


"In New Zealand, patients seek compensation for medical injuries not through malpractice suits as in the United States, but rather through a no-fault compensation system. Injured patients receive government-funded compensation, in turn relinquishing the right to sue for damages arising from personal injury except in rare cases of reckless conduct.


According to Marie Bismark and Ron Paterson, the authors of "No-Fault Compensation in New Zealand: Harmonizing Injury Compensation, Provider Accountability, and Patient Safety" (Health Affairs, Jan./Feb. 2006), the country's Accident Compensation Corporation (ACC) offers distinct advantages over the often maligned U.S. tort law system. While acknowledging that New Zealand's ACC has yet to demonstrate substantial gains in patient safety, the study finds that the popular system has produced more-timely compensation to a greater number of patients, as well as more effective processes for resolving disputes and ensuring provider accountability."

"The ACC system is one of the simplest in the world for patients to navigate," write the authors, both former Harkness Fellows. Straightforward claims are processed in weeks, with all decisions made within nine months, and a fixed award structure ensuring that similar injuries receive similar compensation. Historically, the ACC has paid out about 40 percent of claims in four categories: 1) treatment and rehabilitation, including the cost of disability aids, home modifications, and vocational retraining; 2) compensation for loss of earnings (up to 80 percent of earnings at the time of injury, up to a set maximum); 3) one-time lump-sum compensation of up to US$70,000; and 4) support for surviving spouses and children under 18.

"The system, funded through general taxation and an employer levy, is remarkably affordable. To date, compensation for medical injuries has cost just $29 million—for a population of about 4 million. Reforms enacted in 2005 are expected to incur additional costs of $5 million per year."

The scheme covers anyone in NZ at time of accident including Australian tourists.