Qld woman suing woolies loses appeal 20180601 p5wf3r.html – Breaking News & Latest Updates 2026
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This was published 8 years ago

Qld woman suing Woolies loses appeal

AAP

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A woman who is suing Woolworths claiming she was injured after slipping on a shallot has lost an appeal against a court order to submit to examination by an independent doctor.

Olga Day began legal action after falling over at an Ipswich supermarket in December 2014, alleging it caused significant back, knee and ankle injuries and aggravated PTSD, major depression and anxiety disorders.

She claims she slipped on the shallot because she was distracted by an in-store product demonstration that was offering free samples of Metamucil.

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Day's matter was stalled last November after she was ordered by Supreme Court Justice James S Douglas to undergo independent medical assessments.

She appealed, claiming Justice Douglas should have disqualified himself from hearing her case on the ground of apprehended bias.

She never followed that argument in her unsuccessful, self-represented appeal.

In her appeal, Day argued doctors chosen by Woolworths to examine her alleged injuries would be biased towards them.

"His Honour observed that the appellant's refusal to submit to examinations by the defendants' chosen doctors would 'throw serious doubt about your credit'," Queensland Court of Appeal Justices Walter Sofronoff, Philip Morrison and Roslyn Atkinson wrote in their judgment published on Friday.

"His Honour was doing no more than making it plain, as he felt obliged to do by way of assistance to a self-represented litigant, that the course the appellant was pursuing was against her interest."

Following the Supreme Court orders, a pending trial was delisted and the matter was stayed until Ms Day is examined by independent doctors.

The amount sought by Ms Day wasn't mentioned in the judgment.

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