The shopper was injured after falling over in a Coles owned car park in Coffs Harbour.
The shopper was injured after falling over in a Coles owned car park in Coffs Harbour. Rob Wright/Coffs Coast Advocate

Shopper to be paid out by Coles over supermarket slip

A MAN will be be paid out, after suing Coles over a fall he had in a Coffs Harbour supermarket car park while wearing thongs and talking on a mobile phone.

The supermarket giant, has won back part of a $668,000 settlement, which had been awarded to former truck driver Larry Bridge, 58, by the NSW Supreme Court in December.

Four years ago in April, Mr Bridge was pushing a trolley towards his car through the Coffs Harbour Coles carpark when he slipped over after walking through a puddle of water.

Mr Bridge, who was later unable to return to work, had been wearing thongs and was answering his mobile phone when he fell.

He was taken to hospital, with pain in his left hip and leg.

Justice Stephen Campbell found Coles had been 'negligent' in failing to treat the smooth polished concrete with non-slip material.

Mr Bridge was set to receive a payout of $668,000, which has now been reduced to $516,053, based on a recent judgement in the NSW Court of Appeal.

"When Mr Bridge chose to answer his mobile phone, he removed one hand from the trolley, and focussed on his handset," the judgement that was handed down found.

"We would readily conclude that doing so causally contributed to his falling. His inattention and his having only a single hand on the trolley made it more likely that he could not save himself from his slip and instead would fall to the ground."