Surveillance photographs taken of a Lidl worker who has sued claiming she injured her back at work show she is leading an active lifestyle, the supermarket has contended in the High Court.
Ewa Ledzinska (42), who lives in Kildare town, has sued her 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.
Ms Ledzinska has not worked since and told Mr Justice Michael P O’Higgins she is now on an invalidity pension and said she has “problems moving” and wakes up for two to three hours every night.
“I feel my back when I do something,” she told the judge.
Photographs taken during a surveillance period over a number of years by a private investigator on behalf of the supermarket chain and handed into court showed the woman exercising with weights in a gym, shopping for hours at Kildare Village, running beside her daughter as she skated and picking her up when she fell.
Lidl counsel Finbarr Fox SC with Fred Gilligan BL during cross examination put it to the witness that she had told doctors she was in constant pain and could not walk for more than 10 minutes and photographs showed her shopping for hours at the Kildare Village shopping outlet.
Ms Ledzinska replied that she was going for a walk.
Mr Fox put a number of photographs to Ms Ledzinska showing her shopping at the Kildare Village outlet after she dropped her daughter to school. Mr Fox put it to her that she is extremely mobile.
Ms Ledzinska replied : “I need to walk. Does it matter if it’s the park or Kildare Village?
Mr Fox put it to her that she has an active lifestyle. The witness replied that “I am in pain when I do this. When I go for coffee, I still have pain.”
Referring to surveillance stills taken in a gym, Ms Ledzinska said she does her own thing and she needs to stretch.
Mr Fox asked her what weight she was lifting in a June photograph and she said 3kg. She added: “I am just stretching. I can’t be all the time on the sofa . I don’t have any secret. I am not surprised.”
Mr Fox showed Ms Ledzinska photographs and said “Look at the girl fit as a fiddle. Look at what you can do.”
At one stage Ms Ledzinska said “these are just pictures” and she asked: “Why don’t you take a picture when I cry after I come from the doctor. Do you have different pictures of how my face looks?”
Mr Fox also showed a photograph of the witness running beside her daughter who was skating. Ms Ledzinska said she was trying to catch her daughter and she did feel pain.
“Did you see my face when I feel the pain when running? Of course, I am going to help my daughter even if I feel pain,” she said.
Mr Fox put it to her that she was leading an active lifestyle, Ms Ledzinska replied that she takes lots of tablets and gets injections to feel better.
In the proceedings against Lidl Ireland it is claimed there was a failure to take any precautions for the safety of Ms Ledzinska and an alleged failure to provide a safe place of work.
Lidl Ireland has denied all claims and contends there was contributory negligence on the part of Ms Ledzinska.
The case continues.
