Naomi Dallenogare accuses Scentre Shopping Centre Management and Millennium Hi-Tech Holdings of negligence after slipping and falling at Tea Tree Plaza
A mother, carrying a baby, who slipped and broke her foot at Tea Tree Plaza, was the “author of her own misfortune”, says centre management.
North & North East
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A mother who slipped and broke her right foot while holding her baby at Tea Tree Plaza is seeking compensation from centre management.
Naomi Dallenogare, 42, slipped on water and fell “heavily and awkwardly” while “shielding her infant child from injury” outside Cibo café on May 24, 2016.
She fractured her right foot, injured her lower back, left knee and right thigh and suffered “psychological injury”, court documents tabled in the District Court of South Australia show,
Her baby, who was strapped to her chest in a carrier, was unharmed.
Mrs Dallenogare, who was on maternity leave from her marketing job at UniSA at the time of the incident, has accused Scentre Shopping Centre Management and its contracted cleaner, Millennium Hi-Tech Holdings, of negligence.
She claimed the area in front of the cafe was not inspected or cleaned regularly enough, Scentre had not engaged a “competent cleaner” or monitored or supervised Millennium’s work performance adequately.
She also said both Scentre and Millennium failed to take adequate steps to ensure the floor was kept free of slip hazards, or provide warnings of such hazards.
Mrs Dallenogare said her vision of the floor immediately in front of her was impaired by her infant child, court documents showed.
“Reasonable steps ought to have (been) taken to ensure (my) safety from slipping hazards,” Mrs Dallenogare said in a statement.
She required psychological treatment, physiotherapy, pain and anti-inflammatory medication, radiology and the use of a moon boot and crutches after the incident, documents showed.
She had also struggled to work full-time since, was “partially incapacitated” and her part-time work duties had aggravated her injuries.
She also had to delay studying a Master of Business Administration due to the fall.
“(She) has suffered, and will continue to suffer, a significant impairment of her ability to lead a normal life,” documents showed.
“(She) has an impaired ability to enjoy and participate in social and recreational activities.”
However, Scentre argued Mrs Dallenogare’s injury was due to her own negligence.
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It stated Mrs Dallenogare failed to keep “a proper look out” and take adequate care of her own safety.
“She was the author of her own misfortune,” Scentre’s submission read.
It stated an adequate cleaning and inspection program was in place, Millennium was a competent cleaning business and it had appropriately monitored the contractor’s performance.
Scentre also submitted Mrs Dallenogare had sufficiently recovered from her injuries enough to resume her usual duties, her earning capacity was not impaired and she did not require further medical or other treatment.
A directions hearing will be held on September 14.