A lawyer is suing Woolworths in Australia for AUD1.3 million after allegedly slipping on a shallot in one of their stores.
Olga Day, who qualified in Russia and is currently completing a law degree in Australia, issued a claim stating that she was in one of Woolworths' stores in 2014 when she slipped and injured herself on a shallot. She alleges that an in-store product demonstration for a constipation aid distracted her so that that she failed to see the rogue vegetable on the floor. Day brought her claim against Woolworths and two product demonstration companies, CPM Australia and Retail Activation.
The sad case of the Lady of Shallot (sorry) |
However, the Russian lawyer may have also slipped up in her approach to the litigation. Lawyers for CPM Australia and Retail Activation say that Day and her husband contacted the companies' insurer, Zurich, and harassed its staff. The lawyers told a Brisbane court that the couple accused Zurich's directors of breaching their duty by misusing shareholders' funds and dragging the claim through the courts. They also said that Mr and Mrs Day threatened the insurer that they would go to the press to reveal alleged misconduct and corrupt conduct by Zurich.
The presiding judge, Justice Douglas, ordered that Day be banned from directly contacting Zurich and that she all communication should go to their lawyers instead.
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The judge doesn't have the power to order her not to deal with the insurers directly and she should write to the court saying this and continue to attempt to resolve the matter with the insurers in the meantime. Also, her allegations against the insurers directors are quite separate to her claim and she needs to write to the insurers to make them aware of these allegations, otherwise they will be in a position of deniability later. Its cheaper and easier for everyone to resolve the claim directly.
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