Ellen Matlhowana is suing Woolworths for R7.1 million in damages

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Ellen Matlhowana is claiming R7.1 million in damages from retailer Woolworths after she fell over a packing crate in an aisle while shopping.

Ellen Matlhowana said in papers before the Gauteng High Court, Pretoria, that she had suffered a fracture of her kneecap as well as soft tissue injuries to her left knee.

 

The retail denied any negligence on their part and said in its defence, that if Ellen Matlhowana was injured at all, it was due to her own negligence as she did not look where she was going. Woolworths, however, agreed to pay 85% of the damages which Ellen Matlhowana could prove that she had suffered as a result of the incident.

 

The 49-year-old self-employed woman stated that she went shopping on March 31, 2014, at Woolworths at San Ridge Square in Midrand. While walking around the shop, she tripped and stumbled over the crate, which she said was left unattended by employee packing shelves.

 

Ellen Matlhowana also claimed that she had suffered trauma, stress and shock as a result of the fall and following her injuries, she was hospitalised at (Netcare) Waterfall City Hospital. She claims she still suffers from severe pain and was receiving ongoing treatment, and she is still suffering discomfort and pain six years later.

 

Woolworths denied that it owed an absolute duty to Ellen Matlhowana to prevent injury to her. It said that all reasonable procedures were in place to ensure safe shopping in its stores.

 

In 2010, Maria Conradie, 73, also fell over causing her to lose her balance while navigating the speed bump with the trolley and resulting in her falling to the ground at the Kolonnade Shopping Centre, north of Pretoria. She also sued the retailer, in court papers filed with the Gauteng High Court in Pretoria, Conradie claims that Woolworths failed to "properly maintain its trolleys" because the trolley she used, allegedly had a "small front wheel missing".

 

"The defendant (Woolworths) failed to provide the necessary diligent attention to care and investigations to ensure that a shopping trolley with defects, as specifically present with this trolley, be removed from the premises and or properly repaired," the court papers read.

 

Maria Conradie further accuses the retailer of not taking responsibility for the incident, saying Woolworths "failed to take responsibility and act with care" towards her and members of the public. She sued Woolworths claiming R570 000 in damages.

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