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Page last updated at 18:07 GMT, Friday, 7 November 2008

Morrisons fined over fall death

Morrisons sign
Staff tried to repair the faulty barrier in 2005

A supermarket has been fined £10,000 after a pensioner banged her head on a faulty milk display and later died.

Olive Marsay, 88, slipped backwards after striking her forehead on a metal bar in a Morrisons store in Redcar, Teesside, in May 2006.

She injured her head in the fall and died of a brain haemorrhage in hospital weeks later, a court heard on Friday.

The firm, which admitted breaches of health and saftey rules, was also ordered to pay £13,327 court costs.

Redcar and Cleveland Council brought a prosecution against Morrisons for failing to ensure the public's safety and for failing to maintain equipment in good order.

She was full of life and she had a lot of life left in her
Grandson Martin Waller

Teesside Crown Court heard how milk was displayed in wire cages, with a metal barrier locking them in place. It could be lifted to head height to allow fresh stock to be wheeled in.

But in the Redcar store, the metal barrier hydraulic arm was faulty and would not retain its height when stock was being replenished.

Mrs Marsay, from Marske, was hurt while fresh milk was being brought in by a member of staff, despite the employee warning her to mind her head.

'Deeply saddened'

The court was told staff had tried to have the faulty barrier fixed in August 2005, but the repair failed.

Prosecutor Ruth Cranige said: "This incident was avoidable.

"The defendant knew the milk barrier was not working properly and ought therefore to have repaired it or had it replaced."

Miles Bennett, defending, apologised to Mrs Marsay's family on behalf of Morrisons.

Outside court, her grandson Martin Waller said: "That is the first occasion that anyone from Morrisons has expressed any kind of contrition.

"We are upset and disappointed that it has taken until now for that.

"She was full of life and she had a lot of life left in her."

A Morrisons spokesman said it had "removed every barrier on every case in every store" as a result of the accident.

He said: "We very much regret the death of Mrs Marsay, and her family have our utmost sympathies. We are deeply saddened that this happened and we accept the court's decision."



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