Injury claim withdrawn as court hears woman played darts after incident

An international soft darts player, who claimed she suffered ongoing pain in her hand following an injury at work in a Tesco store, took part in a darts championship tournament shortly after the incident, a court has heard.

Ewa Janowicz told the Circuit Civil Court that in August 2013, she had been pulling a cage at Tesco Rathfarnham, Dublin, when it became trapped against a ridge and toppled on her.

On Monday, she told Circuit President Mr Justice Raymond Groarke she had to leave work because of pain in her back, right hand, arm and shoulder. She had left work early to attend a VHI Swiftcare clinic.

Ms Janowicz (30), of Ticknock Park, Sandyford, Dublin, a married mother who is originally from Poland, had re-attended the clinic two days later, complaining of pain in her right hand and arm.

She had been off work for two weeks and had then been on holiday in Poland in September. She had returned to work for a few days before having gone on sick leave for several weeks.

Ms Janowicz claimed she had not been trained adequately and sued Tesco Ireland Ltd for negligence. The store denied liability and claimed Ms Janowicz had been the author of her own misfortune.

When Judge Groarke heard that Ms Janowicz had taken part in a soft darts world championship in September 2013 during her holiday in Poland, he adjourned the case to allow talk between the parties.

Following a brief adjournment Judge Groarke was told that Ms Janowisc’s claim had been settled for an undisclosed sum but that she had withdrawn that part of her claim sought special damages of €7,300 for loss of earnings.

Judge Groarke was asked not to make any order regarding legal costs.