A Centurion shopper has claimed R7.1 million in damages from retailer Woolworths after she allegedly
stumbled and fell over a packing crate in an aisle.
Ellen Matlhowana, 49, told the Gauteng High Court she had suffered a fractured left kneecap, as well as soft tissue injuries.
Woolworths has denied any negligence and said in its defence that if Matlhowana was injured, it was due to her not looking where she was going.
The retailer, however, has agreed to pay 85% of the damages if Matlhowana could prove she had suffered as a result of the incident.
Matlhowana, who is self-employed, said she went shopping at Woolworths in SanRidge Square, Midrand, on March 31, 2014.
She said that while walking around the store, she tripped over a crate which had been left unattended.
According to Matlhowana, the crate should not have been left in the aisle as it posed a danger.
Apart from her physical injuries, Matlhowana also claimed that she had suffered trauma, stress and shock.
She said she was hospitalised and suffered severe pain for which she was receiving ongoing treatment. Her claim included R4m for loss of earnings and loss of future earnings, R2m general
damages and R1m for estimated future medical expenses.
Woolworths has denied it owed an absolute duty to Matlhowana to prevent injury to herself, adding that all reasonable procedures were in place and adhered to ensure safe shopping in its stores.
It also denied the crate had been left unattended but said if the court found that the incident had occurred, Matlhowana was at fault.
Woolworths, through its legal team, proposed a settlement to
Matlhowana which she did not accept.
If the matter cannot be settled, the parties will return to court to hear
the evidence of experts regarding
Matlhowana’s injuries.