THE husband of a pensioner who died two days after falling over a bread tray at an East Lancashire supermarket is launching a legal battle.
The inquest into the death of Patricia Barnett revealed the fall, at KwikSave, Craddock Road, Colne, contributed to her death.
Patricia, 72, of Ellesmere Avenue, Colne, who was well known in the 50s for her stint on TV's Animal Vegetable Mineral programme, fractured her shoulder on Thursday, June 5.
She was taken to Burnley General Hospital where she was seen by a doctor.
Mrs Barnett was taken back the next day for an examination which revealed she had a fracture and her arm was put in a sling. She was found dead on the sofa the next day by her husband John.
Richard Taylor, acting East Lancashire coroner recorded a verdict of accidental death and said: "After hearing all the evidence it leads me to believe that the fall, however it happened, generated such a shock to her system that it contributed to her death."
Mr Barnett, 74, has now passed the details onto his solicitor, Andrew Payne, of Shaw, Mottershead and Badger Solicitors based in Colne.
Mr Payne said he is preparing a file to launch legal action against the Colne store. He said: "As far as Mr Barnett is concerned action will be taken against the supermarket.
"The Health and Safety Executive and Environmental health will have decisions to make in relation to what they intend to do, which may have have some bearing on personal action."
A spokesman for Kwik Save said: "We were saddened by the news of Mrs Barnett's death. However we do not consider it appropriate to comment on the circumstances relating to the accident at this time as an internal investigation is currently pending."
Mr Payne added: "The usual action is for somebody to take civil action based on a claim for compensation for bereavement and funeral arrangements. If there was to be a criminal prosecution and that was successful then that would help a civil claim but if that doesn't happen it doesn't mean a civil claim can't be lodged.
"Before the inquest was held it wouldn't have been clear how Mrs Barnett died -- it could have been natural causes but of course that wasn't the case. It was accidental death which was caused to an extent by the fall, although the coroner chose not to investigate fault."
Mr Barnett told the inquest: "She had some bruising problems and she didn't walk too well. Because she was aware of this she made certain that she walked up to half a mile every day to keep herself fit and agile. She went through the Times crossword puzzle -- there was nothing wrong with her mind."
After the fall Mr Barnett said Patricia had been suffering extreme pain and couldn't sleep at night. He added: "She was extremely uncomfortable. She kept complaining of intense amounts of pain. She went to casualty after I took her back to hospital the next day to be examined. She had broke her shoulder, the injury wasn't treated apart from pain killers because the doctor said they hoped that over a period of weeks the bone would heal so she was put in a sling.
"This was not very effective, it did not relieve her of any of the pain. She had great difficulties sleeping because she couldn't find a comfortable position. She was steaming mad that there wasn't any treatment for her.
"I saw changes in her after the accident, she was going down hill fast. She went quiet and withdrawn. She was in acute pain which she controlled through a degree of self control."
Waleed Salman, Burnley General Hospital Pathologist said the cause of death was Chronic Obstructive Airway Disease and Heart Disease.
He said: "Both conditions can cause death at any time but the proximity of the fall leads me to believe it has some contribution. That would be the acceleration of what caused the death."
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