In March 2011 Ms Kuban, then 52 years of age, attended Harrigan’s Irish Pub in Pokolbin with her partner to have dinner, watch football and play some games of pool. The couple left at about 11pm.
It had ben raining that night and the tiled stairs at the front of the pub had become wet and slippery. When walking down the steps at the entrance of the pub Ms Kuban slipped and fell. She landed heavily on her buttock and lower back. She also injured her arm while extending it to try to break her fall. Her partner attempted to come to her aid but in the process of assisting her Ms Kuban again fell on the stairs and again injured herself.
The pub admitted it was at fault. The matter went before the court to determine the level of compensation payable.
Ms Kuban was a Youth Care Worker. She was required to take some time off work form time to time but utilised sick leave. She did not claim any loss of earnings for the time up to the trial but did claim an amount for future lost earnings.
The court ultimately awarded Ms Kuban an amount of $243,236.
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For more details read the full version of the court judgment: