Pregnant woman who fell at Topaz petrol pump has €60k damages claim dismissed.

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Pregnant woman who fell at Topaz petrol pump has €60k damages claim dismissed. A woman who was eight-months pregnant when she fell at a Topaz petrol pump has had €60,000 damages claim dismissed by the Circuit Civil Court. Judge James O’ Donohoe heard that the claimant had stopped at the Topaz petrol station, got out of the car to fill it with petrol and had then gone into the shop to pay. The Court heard that when she had been returning to her car she had fallen at the front passenger side of the vehicle. The claimant said she had been 38 weeks pregnant at the time of the accident and that she had been taken to hospital to be treated for her injuries. She had hit her head and face on the ground during the fall and had bitten her tongue. She had also suffered bruising to her left knee and leg and a cast had been applied to her left wrist. Judge O’ Donohoe heard that as a result of the accident the claimant had suffered significant shoulder pain and had undergone 18 sessions of physiotherapy. Her pregnancy had not been affected by the incident. The counsel for Topaz, said it had appeared from CCTV footage that the claimant had tripped on the traffic island where the petrol pumps were stationed. She had told the court she believed a mixture of oil and water that had been present on the ground around the car was the cause of the fall. Judge O’ Donohoe had been shown pictures taken by the claimant’s brother on the evening of the accident which had shown a sheeny substance on the ground at the back of the car. Judge O’ Donohoe said that the substance had been seen in a different place that where the claimant had fallen. The court had questioned why the claimant had never mentioned the photos in her own evidence and said he had been astounded that everything had been so unclear in the case. Judge O’ Donohoe said that he found it strange that the claimant had never mentioned the oil and water substance to the engineer who had examined the scene of the accident. He said he believed the claimant, her husband and her brother had all been very genuine people but that he had not been satisfied with the evidence he had been presented with. Judge O’ Donohoe said the case had not met the threshold to establish negligence on behalf Topaz.