€45,000 compensation for personal injury resulting from an accident in a Tesco store when only at 20 weeks gestation in her mother’s womb as been awarded to a four-year-old child.
Legal Counsel for Siwan Stewart, barrister David K. McGrath told Judge Eoin Garavan in the Circuit Civil Court that the unborn baby girl, who is now just three months short of her fifth birthday, suffered injuries when her mother collided with her shopping trolley that came to a halt suddenly on a Tesco travelator.
Mr McGrath told the court that Siwan’s mother, Elaine Stewart, hit off her own shopping trolley when it stopped with no warning on the travelator in Tesco’s at the Bloomfield Shopping Centre, Lower George’s Street, Dun Laoghaire, Co Dublin, in February 2013.
Presiding Judge Garavan referred to the injury of an unborn child in a shopping accident as a unique case and one which he had not been aware of having previously come before the court.
Mr McGrath informed the judge that when Siwan was born in May 2013 it was discovered that she was suffering from haemolytic disease of the newborn, a type of jaundice and had to be treated in a special unit for just under a week. A medical expert had linked Siwan’s condition to the travelator accident in Tesco’s.
After Ms Elaine Stewart, of Claremont Road, Sandymount, Dublin submitted the personal injury compensation action on her daughter’s behalf, the Tesco store made a settlement offer of €45,000 to Siwan.
In addition to this, the court was informed, Ms Stewart’s daughter Adelaide, who was three at the time and had fallen and injured her head on the travelator in the same incident, had been offered a settlement by Tescos of €28,000. Mr McGrath was recommending acceptance of both offers to the court. The girls’ mother had not made any claim against Tescos on her own behalf but only on behalf of her children. Judge Garavan said the offers in both cases were very good and he approved both settlements.