Olga Day is suing Woolworths for $1.3 million claiming she slipped on a shallot in the store.
Olga Day is suing Woolworths for $1.3 million claiming she slipped on a shallot in the store.

Ipswich's 'slip and sue' law student reprimanded by judge

A former legal secretary who is suing Woolworths for $1.3 million claiming she slipped on a shallot while distracted by a promotion for a constipation aid, has been reprimanded as "belligerent" and "mischievous" by a Supreme Court judge.

Olga Day, 55, from Camira near Ipswich, did not appear in the Supreme Court in Brisbane this morning where Justice Peter Davis said Mrs Day's "unjustified attack" on three lawyers acting for an insurance company involved in the case "raises very serious concerns as to her fitness for admission as a lawyer".

Justice Davis was referring to Mrs Day's "completely misconceived" claims that the lawyers had acted unethically and improperly, and her "mischievous" application to have the court ban the lawyers from acting for the insurer in the case.

Mrs Day, a Russian refugee turned law student, has told the court she plans to be admitted as a solicitor in Queensland when she finishes her degree which she began at Queensland University of Technology 12 years ago.

Olga Day (with stick) leaving Brisbane Supreme Court. Picture: Tara Croser
Olga Day (with stick) leaving Brisbane Supreme Court. Picture: Tara Croser

Justice Davis this morning referred Mrs Day to the Legal Practitioners Admissions Board, which recommends "suitable" and "eligible" candidates for admission as a lawyer in the state,

Details of the claims arose after Woolworths and the product demonstration company who have been sued, asked Justice Davis to dismiss Mrs Day's lawsuit because she "refuses to submit to independent medical examinations" to assess her injuries, despite another judge ordering a year ago the case be put on ice until Mrs Day is examined by an orthopaedic specialist, a neurosurgeon, a consultant psychiatrist, and an occupational therapist.

Mrs Day who changed her name from Olga Dranichnikov, claims she hurt her lower back, left knee and left ankle in the fall and aggravated her Post Traumatic Stress Disorder "due to pain".

Justice Davis ruled today that Mrs Day has "belligerently refused to acknowledge the authority of" last year's court order to see the doctors.

"She continues to assert that the order is in some way defective, notwithstanding it had survived appeal, and an application for special leave to appeal to the High Court," Justice Davis said today.

 

Justice Davis ruled today that Mrs Day has “belligerently refused to acknowledge the authority of” last year’s court order to see the doctors. Picture: Tara Croser
Justice Davis ruled today that Mrs Day has “belligerently refused to acknowledge the authority of” last year’s court order to see the doctors. Picture: Tara Croser

 

She must see the doctors if she wishes to continue with the case, the court heard.

She objects to examination because she fears the doctors selected by Woolworths will be biased, the court heard.

She claims she slipped and fell on the floor near a demonstration table the constipation aid Metamucil on December 18, 2014, while shopping with her husband for cat food and muesli bars the at Woolworths store in Springfield.

She claims the fall left her "permanently incapacitated from returning to any paid employment" and requiring care.

Mrs Day has worked as a precedent mgr by Queensland Compensation lawyers, at Eliadis Lawyers as a legal secretary and Merthyr Law as a precedent assistant.

She enrolled in a law degree after she sought political asylum in Australia from Russia, where she worked in a law firm.

She claims she fled Russia in 1997 "after there was an attempt to kill my husband" and she was granted citizenship in 2005.



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