Southport realtor Tracey Ransom seeks $435,000 from grocer after slipping on cherry tomato

A Gold Coast real estate agent claims she suffered permanent disability from injuries to her hip and shoulder following her alleged fall. The grocer where it is said to have occurred is yet to file a defence.

McGrath Estate Agents Southport realtor Tracey Ransom. Picture: McGrath Estate Agents

A Gold Coast real estate agent is suing an IGA grocery store’s owner for in excess of $435,000 after she claims a fall caused by a cherry tomato on the floor left her with permanent disabilities.

Lawyers on behalf of McGrath Estate Agents Southport realtor Tracey Ransom, 49, filed a lawsuit against the Trustee for JRG Family Investments Discretionary Trust, trading as Jones & Co Grocer IGA Queen St Village at Southport, on January 22.

According to the statement of claim, Ms Ransom attended the fruit and vegetable section of the store about 2.30pm on November 17, 2023, when she slipped on a “loose cherry tomato on the floor” while reaching for a plastic bag.

Her claim said Ms Ransom lost her footing and fell to the ground.

Ms Ransom claimed she suffered injuries to her right shoulder, hip, and a mental health injury, resulting in “pain, suffering, inconvenience, and loss of enjoyment of the amenities of life” and leaving her with a permanent disability.

Jones & Co Grocer IGA Queen St Village. Picture: Alex Treacy

As a result of her injuries, Ms Ransom said she had incurred past and future medical expenses, and past and future economic loss.

According to her statement of claim, she has been forced to take “intermittent half days and hours off” for various treatments and recovery, and moving forward, her work will be impacted by “reduced efficiency; limited mobility, stamina, and strength; reduced sitting, walking, standing, and driving tolerances,” and various other impediments such as an inability to lift more than 10kg with her right arm.

Ms Ransom claimed she also now required six hours per week of hired help for “complex household chores, grocery shopping, and gardening duties,” and will be required to go under the knife to repair damage to both her shoulder and hip.

The total amount sought by Ms Ransom is $435,212.90.

The fruit and vegetable section at IGA Queen St Village where realtor Tracey Ransom claimed to have slipped on a cherry tomato. Picture: Alex Treacy

According to the statement of claim, the IGA owner was negligent in that it “failed to monitor and clean the area”, “failed to identify the risk posed by the cherry tomato”, and “failed to place rubber mats or another device which would have ameliorated the risk of slipping”.

The latter step was reasonable as the owner ought to have known the area was “susceptible to slippery items ending [up] on the floor” and the “speckle design of the floor was such that small items would not be easily visible to pedestrians utilising the area,” the claim asserted.

The owner of IGA Queen St Village is yet to file a defence. This masthead has contacted them for comment.

Lawyers for Ms Ransom have lodged with the court a mandatory final offer in a bid to settle the case with the respondent, but the quantum of the offer is not known as it is sealed and unable to be obtained by this masthead.

Originally published as Southport realtor Tracey Ransom seeks $435,000 from grocer after slipping on cherry tomato