Paula Jefferies, 46, broke her left ankle when she lost her footing on a concrete ramp outside Gatley Tandoori in Stockport.
She went on to develop a potentially life-threatening blood clot on her lung as a result of being left immobile .
The mum-of-two then sued the Northenden Road restaurant. She blamed her fall on the concrete ramp at the restaurant's entrance, saying it was dangerous because of its steeply sloping sides.
A judge at Manchester County Court ruled the slope was a 'trap for the unwary' because it failed to extend across the full width of the door and because its sides were 'too steep'.
Now the restaurant has lost an appeal at London's Civil Appeal Court.
It means Mrs Jefferies, from Heald Green, is guaranteed a damages payout - which is estimated to be in five figures - three years after the fall that left her in hospital.
She told the M.E.N: "I'm just very pleased and relieved that it's over. It's been quite stressful. I'm just elated. It's a big weight off my shoulders."
Mrs Jefferies was at the restaurant on an early-evening family outing to celebrate the birthday of her eldest daughter, Hannah, when she fell on December 16, 2005.
Slipped
Her foot slipped from under her as she stepped out of the door and onto the ramp after the family had finished dining.
She was taken to Wythenshawe Hospital for treatment and went on to develop a pulmonary embolism a short time later.
She was rushed back to hospital in an ambulance and had to stay there for four days.
Mrs Jefferies was off work for four months following the injury.
She said: "We'd been out at the Gatley Tandoori for my daughter's birthday. She was 12. We'd had takeaways from there before and thought we'd try the restaurant.
"There was a bit of concrete in the doorway and I slipped off it when I stepped out, breaking my left ankle.
"It was just before Christmas and it was a major upset. It's not good having mum in plaster just before Christmas.
"Then I had a pulmonary embolism, a blood clot on the lung. It was a result of the fracture, because of being immobile.
"I could have died that day. The doctors said I was lucky. It's upsetting when I think back. I didn't get a chance to say goodbye to my daughters that morning because they were in bed."
She added: "The restaurant pushed this to the end and we've been on tenterhooks. They said the concrete was safe and I was wearing heels, but they weren't particularly high.
"The judge reviewed all the evidence, including surveyors' reports. I'm just pleased this is over and that we've won."
A judge at Manchester County Court found the restaurant liable at a hearing on January 14 this year.
Paula Jefferies
I'm just very pleased and relieved that it's over. It's been quite stressful. I'm just elated
But Timothy Willitts, representing the restaurant at the appeal court in London on Wednesday , asked Lady Justice Smith to overturn that ruling and absolve the curry business of blame.
He argued the judge in Manchester had no evidence to find Mrs Jefferies had stepped on the unsafe side of the ramp, rather than losing her footing on the front surface agreed safe by both parties.
But Lady Justice Smith rejected his argument and dismissed his application for permission to appeal, guaranteeing Mrs Jefferies a payout for her injuries.
Lady Justice Smith said: "The finding that she stepped on the side of the ramp was not supported by direct evidence, but it was an inference which was open to the judge.
"For that reason, I don't think that there is any prospect that the Court of Appeal will overturn this decision."
The amount of Mrs Jefferies' compensation will now be assessed at another court hearing unless a settlement is agreed.
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Showing comments 1 to 25 and replies | View All
Angelene19, Manchester (12/06/2009 at 08:03)
Lord Smithers (12/06/2009 at 08:25)
gillykins, urmston (12/06/2009 at 08:29)
Jay B, oldham (12/06/2009 at 09:39)
it was her own fault for not walking properly in appropriate footware!
this is why you insurance bills are getting higher and higher and some things are being stopped because they are deemed too risky!
CorneredAllTheLuck, Tameside (12/06/2009 at 10:05)
Mike S, Manchester (12/06/2009 at 10:23)
NickS (12/06/2009 at 10:53)
I say, look where you're going next time
Supreme Being, Manchester. (12/06/2009 at 12:02)
Did she sue them? no
the monkey, bolton (12/06/2009 at 12:29)
Mr Manchester (12/06/2009 at 12:33)
Blip, Manchester (12/06/2009 at 13:24)
Also, this restaurant must receive regular visits from environmental health officials in order to be licensed. Why did they not notice the 'dangerous' blob of concrete outside the front door, given that we are forever running scared of 'elf & safety regulations?
Drew Peacock (12/06/2009 at 13:37)
Horatio Dogsbody, Flixton (12/06/2009 at 13:46)
She should have known the ramp was there - she must have passed it on the way in.
JayTilzey, m29 (12/06/2009 at 14:06)
Danielle (12/06/2009 at 14:10)
Andanotherthing, Mcr (12/06/2009 at 15:01)
Guten Tag, Manchester (12/06/2009 at 15:12)
david bakey (12/06/2009 at 15:27)
Hannah Jefferies (12/06/2009 at 16:02)
Angelene19, Manchester (12/06/2009 at 19:01)
token male, lush green cheshire (12/06/2009 at 20:17)
token male, lush green cheshire (12/06/2009 at 20:18)
JayTilzey, m29 (12/06/2009 at 20:30)
S Patel (12/06/2009 at 20:57)
Tom Sok (12/06/2009 at 21:44)