A MOTHER and daughter have each lost €75,000 defamation claims against Christian Louboutin and Brown Thomas over alleged remarks by a member of staff when they tried to change a €675 pair of shoes.
Judge James O’Donohoe said Sarah Anne McGinley Snr, 48, of St Theresa’s, Fortunestown, Saggart, Co Dublin, was clearly agitated and the first to have introduced an issue of the shoes possible being “mock”, while shouting in a loud voice.
The judge told barrister Shane English, defence counsel for both defendants, that Sarah Anne Jnr had not given any evidence of the alleged defamatory words in her claim and this had created a difficulty for her.
Sarah Anne Jnr said her boyfriend Kane Joyce had bought her the shoes as an anniversary gift, but in the wrong size.
Judge O’Donohoe said: “Overall, it is evident that the mother caused a scene and imputed the word mock into the verbal exchange between her and a staff member in the shop.”
Throwing out the two cases, with an order for costs against both women, Judge O’Donohoe added that the court found that Louboutin staff member Ciara Rogan did not utter the defamatory words that were pleaded in both cases.
He said Ms Rogan, in phone recordings of what had been said, sounded eminently helpful and reasonable while protecting her employer’s merchandise.
Judge O’Donohoe said it had been pleaded by both plaintiffs that on refusing to change the shoes Ms Rogan had stated: “They are a different shade to the ones we sell. No, they do not look right and I am definitely not changing them…they do not look authentic.”
Both women had claimed this had caused embarrassment and had been said in the hearing of many other shoppers despite the incident having taken place during Covid lockdown and in a strict regime of allowing a maximum of four masked customers into its boutique at any one time.
Ms Rogan, in evidence, told Mr English she did not use the word “authentic” but had closely examined the shoes to ensure they had not been worn or damaged and, as such, unsellable again.
She said it was company policy to exchange products on presentation of an official receipt and invoice and added that the two ladies had neither on December 8, 2020.
Ms Rogan said she had contacted her manager at his home about the exchange and had been told: “No receipt. No return.”
A mother and daughter each lost their defamation claims against Christian Louboutin[/caption]
