Judge’s spray at woman in Woolies slip lawsuit
A FORMER legal secretary who sued Woolworths for $1.3 million, claiming she was left permanently incapacitated after she slipped on a shallot while distracted by a promotion for a constipation aid, has snuffed out her own case by refusing to let doctors examine her, a court has heard.
Supreme Court Justice Peter Davis today ruled that Olga Day, 55, from Camira, be ordered to pay the legal costs of defendants which include Woolworths and a product demonstration company.
Justice Davis said in his reasons, published this morning, that Ms Day's conduct had been "poor" and she "has a history of making unfounded allegations against judges and unsuccessful applications seeking orders against legal practitioners acting against her".
In this case she launched a bid to have Justice Davis recused from any further involvement in hearing the matter, and asked that two senior barristers who had acted for Woolworths be blocked from acting for the retailer.
Justice Davis criticised Ms Day, stating her "baseless" claims against the two barristers were "completely misconceived".
He also noted that Ms Day's complaints that she had been badly treated by the court had been "found to be baseless".
"She simply refuses to accept decisions made against her, even when she has unsuccessfully challenged those decisions on appeal," Justice Davis said of Ms Day.
He noted that she made "threats to refer the case to the United Nations and the Legislative Assembly of Queensland" in her written submissions filed in court.
Ms Day did not appear in court for today's decision. She has previously claimed she is too ill to attend.
Justice Davis last year made similar remarks about Ms Day's actions, reprimanding her actions as "belligerent" and "mischievous" for her "unjustified attack" on three lawyers acting for an insurance company involved in the case.
Justice Davis said in his decision today that Ms Day could have kept her claim for personal injury against Woolworths alive if she had agreed to be examined by doctors working for Woolworths.
"She chose not to take up that last chance and that decision effectively concluded the proceedings," Justice Davis said in his written reasons.
In November last year Ms Day failed in her bid to combine her damages lawsuit against Woolworths with her lawsuit against the Queensland University of Technology and others. She was studying law at QUT.
On 27 November 2017, Justice James Douglas ordered Ms Day's case be halted until she undergoes independent medico-legal examination by four experts, one orthopaedic specialist, a neurosurgeon, a consultant psychiatrist, and an occupational therapist.
Ms Day sued, claiming she slipped on a piece of shallot and fell on the floor near a demonstration table in the Woolworths store in Springfield on December 18, 2014, while shopping with her husband for cat food and muesli bars.
She claimed she suffered injuries to her lower back, left knee (meniscal medial tear), and left ankle (ligament tear/sprain) and aggravation of post traumatic stress disorder.
She claimed she has been left "permanently incapacitated from returning to any paid employment" and needs care and assistance from others.
Prior to the fall Ms Day worked at Eliadis Lawyers as a legal secretary, Merthyr Law as a precedent assistant and as a precedent manager at Queensland Compensation lawyers.
In 2006 she enrolled in a bachelor of law degree at QUT, court documents state.
Russian-born Ms Day was granted citizenship in 2005, after her family fled Russia and sought political asylum in Australia in 1997.
She told the court that she and her husband fled Russia "after there was an attempt to kill my husband".
They both worked in a law firm in Russia, she told the court.
Lawyers for Woolworths have not responded to a request for comment.