Shopper who said he was defamed loses €75,000 damages claim

A man who claimed he had been defamed when a Power City cashier told him she had seen him leave with a washing machine, had lost his €75,000 damages claim against the store dismissed in the Circuit Civil Court.

Judge John O’Connor heard that Patrick Morgan of Cherry Orchard Crescent, Ballyfermot, Dublin 10, had been shopping in Power City at Fonthill Retail Park, Clondalkin, Dublin 22, on 19th March, 2018, and had bought a dishwasher and washing machine.

Mr Morgan told the court he had returned later in the day to collect both items and, after handing in his receipts, had been told by cashier Jess Flynn to take a seat and wait for his purchases.

Judge O’ Connor heard from Mr Morgan that he had received his dishwasher from the warehouse and had proceeded to load it into his van. He said when he had come back into the store the washing machine had still not been ready for him to collect.

Barrister Shane English, counsel for Power City Limited, told the court Mr Morgan had gone back up to Ms Flynn and had become aggressive when telling her that he had not received his washing machine.

Ms Flynn told the Judge that when she had inquired as to what item Mr Morgan had been waiting for he had become aggressive, abrupt and had been swearing at her.

Mr English, who appeared with Ennis and Associates Solicitors, said Mr Morgan had grabbed the receipts out of Ms Flynn’s hand. He said his client’s employee had not said anything defamatory about him.

Mr Morgan told Judge O’ Connor that after inquiring where the washing machine was, Ms Flynn had told him he had already received it and that she had seen him leave with it.

He said it had been a Bank Holiday Monday and that he had been mortified as there had been a large queue of shoppers behind him. He had been worried shoppers behind him may have thought he had been attempting to take something he had not paid for.

Mr Morgan said another employee of the store had gone outside with him to look in the van in order to see that the washing machine had not been there. He said he had eventually received the washing machine from the store.

Judge O’ Connor dismissed Mr Morgan’s case and said he had no hesitation in doing so. He said situations like Mr Morgan’s tend to happen where one did not receive a particular item so they returned and asked for it.

He said he found the evidence of Power City far more credible and that video footage he had been shown from the store backed up the fact that Mr Morgan had become aggressive.