Woolworths wins appeal over $150k stray grape in store
Colleen McQuillan took legal action against Woolworths in 2015, after she slipped and fell in the Sydney supermarket on a Sunday in November 2012.
District Court judge Peter Maiden found Woolworths had acted negligently, even though he also found there was no evidence the store's inspection and cleaning system could be improved.
The supermarket giant appealed against the decision and on Monday the Court of Appeal found in its favour.
Justice Fabian Gleeson, with whom Justices John Basten and Anthony Payne agreed, said "keeping a proper lookout in accordance with instructions to maintain vigilance for hazards on the floor, such as grapes, does not mean a perfect lookout".
Even if the grape was on the floor when Woolworths staff first passed the area before Ms McQuillan slipped over, Justice Gleeson was "not persuaded that there was a casual act of negligence by the Woolworths staff in failing to observe a single grape on the floor in the area behind the banana stand when passing by that area to attend to other duties".
Ms McQuillan was ordered to pay the supermarket giant's costs in the District Court proceedings.
source: smh.com.au
