- Russian refugee is suing Woolworths $1.3 million after slipping on a shallot
- The refugee claims she can never work again after her slip in 2014
- Olga Day, 55, appealed the examination by doctors selected by Woolworths
A Russian refugee is suing Woolworths for $1.3 million after she slipped on a shallot while distracted by a nearby demonstration for a constipation-aid product.
Olga Day claims she can never work again after falling at the Orion Springfield Central Woolworths store on December 18, 2014.
The 55-year-old, from Camira, near Ipswich in Brisbane, believes the supermarket acted negligently by selling shallots tied together with rubber bands.
Olga Day is sueing Woolworths for $1.3 million as she claims she can never work again after falling at the Orion Springfield Central Woolworths store on 18 December 2014 (stock image)
She said ‘cutting the top shoots of the shallots and resulting in spillages…through the gaps in shopping trolleys and baskets’, Courier Mail reported.
Her case was brought before court in 2016 but Ms Day was left disappointed at a decision to reject her appeal to avoid medical examination by Woolworths doctors.
The Court of Appeal rejected her appeal Friday on the grounds Ms Day had no legal basis to block doctors from examining her by Justice Walter Sofronoff and two others.
The court heard she objected to examination by the doctors selected by Woolworths out of fear of bias.
Ms Day claims that Woolworths acted negligently by selling shallots tied together with rubber bands that caused her to slip and fall heavily to the ground
Monil Mehta, a CPM Australia product demonstrator was at the time conducting a constipation-aid in store demonstration for Metamucil somewhere between aisle five and six that distracted Olga and resulted in her slipping on the onion.
While also alleging that Woolworths ‘failed to adopt the retail industry practice in (sic) wrapping the shallots in plastic which extends beyond the length of the shallots, minimising the chance of shallots falling from the bunch and landing on the floor.’
Daily Mail Australia sought comment from Senior Manager of Media and Corporate Communications of Woolworths Mike Scott regarding this mornings Court of Appeal decision.
He told Daily Mail Australia: ‘As the matter is still before the Supreme Court, we won’t be making any comment at this time.’
‘As the matter is still before the Supreme Court, we won’t be making any comment at this time,’ said Mike Scott
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