Former Lidl worker withdraws personal injury claim after exercise video shown in court
High Court reporters
A former Lidl worker who had sued the supermarket claiming she had injured her back at work has dramatically withdrawn her claim at the High Court after a video was shown of her doing vigorous exercise at a gym.
The video, which was taken by private investigators for the supermarket chain, showed Ewa Ledzinska this week running on the spot, swinging a kettlebell, lifting weights and stretching and doing burpees, which includes squatting and jumping, in a half-hour exercise session.
The counsel for Lidl, Finbarr Fox SC, instructed by Wayne Finn of Holmes O'Malley and Sexton, put it to Ms Ledzinska that she was fit enough to be in the army, and that this was rigorous training.
Ms Ledzinska replied: “For me, it is stretching and cardio.”
The 42-year-old, who lives in Kildare town, had sued former employer Lidl Ireland claiming she sustained a severe back injury and is in constant back pain as a result of her working conditions at the Newbridge Lidl branch.
She says her back pain began in 2021 when she lifted a 25kg box as she prepared the special offers aisle. Her claim, which included loss of earnings and an amount for aids and appliances, amounted to a total of €300,000 in special damages, the court heard.
Ms Ledzinska has not worked since and told Mr Justice Michael P O’Higgins that she is now on an invalidity pension. She said she has pain and “problems moving” and wakes up for two to three hours every night.
On the second day of the hearing, a video of Ms Ledzinska on two days this week, which was taken by private investigators on behalf of Lidl, was shown to the court.
Mr Fox put it to Ms Ledzinska that she told the judge that she was only able to do gentle Pilates. “You didn’t tell the judge about this. It's very, very far away from gentle pilates,” he said.
He said she had portrayed herself as a woman who was struggling with a disability and who couldn't walk for more than 10 minutes and here she was doing intense vigorous training.
Ms Ledzinska replied: I have two legs; I have two arms, and I am not in a wheelchair. I still have pain.”
She agreed it was not gentle Pilates and said she started to go to the gym last February but had a break in March because it was so sore for her before resuming gym work again.
Mr Fox put it to Ms Ledzinska that she had allegedly “conned the Department of Social Protection and you should not be on an invalidity pension no more than the man in the moon”. Ms Ledzinska replied that to get her invalidity pension she had to send in her MRI scan results.
Counsel put it to her that she had deliberately sought to mislead the court on the level of her injury. Ms Ledzinska replied that she had two hands and two legs and she still has pain. She said she had strong legs but not her back.
At this stage, Mr Justice Michael P O’Higgins intervened and said he would adjourn for a short time as there were issues to be discussed between the parties. He advised Ms Ledzinska to listen to her legal advisors.
When the court returned, counsel for Ms Ledzinska, Michael Byrne SC, told the judge it had been a difficult case and that Ms Ledzinska was now withdrawing her claim and her case could be dismissed. She had also agreed that she would make a contribution to the legal costs of Lidl.
Ms Ledzinska was not in court for the withdrawal of her claim.
