A dinner who convicted the “fugitive truffle” after slipping High heels While leaving Michelin guide-Listed restaurant £ 100,000 has lost its battle for compensation.
62 -year -old Rosina Malik rolled her ankle and broke her right wrist when she fell into a fine dining restaurant chapter one, in Farnborough Common, KentWhen she stood to accommodate her dress at the end of the three-core dinner with two friends.
He convicted his accident for stepping on a “runway” caramel -filled chocolate trick, which was “dropped but recovered” by a waiter during the dessert “, as she was up from her chair.
On the effect of the October 2020 accident, the owners of the restaurant for up to £ 100,000, on the bus chapter limited, Mrs. Malik of Castlemine Road sued the restaurant owners, bus chapter limited.
But the restaurant denied liabilities and did not dispute that a trick was dropped on the floor, the restaurant managers stressed that Mrs. Malik did not step on it before the accident.
In a decision Central london county court This week, Judge Nigel Gerald ruled against Mrs. Malik, found that her right shoe had no “contact” with a truffle – and so reduced her expectations to get compensation compensation for injuries.
The 62 -year -old told the court that he was released “in shock” after falling, which left him with painful injuries to his ankle and wrist.
The derogatory trick was one of the selection offered by the waiter of his table that he and his companions decided to do boxing as he was already full of his dinner.
But the wandering truck fell from her dish during transferred to the box, Mrs. Malik explained, rolling from the edge of the table, where – she claimed – she later trodted on it, or its remains.
Mrs. Malik told the court in the witness box: “I stood up and, as soon as I stood up straight and tried to fix my dress, started slipping my feet and just gave me way under me.”
She explained that when she got up from the table, she assumed that her waiter had already picked up the trick from the floor and it was no longer a “risk”.
“If the waiter knew that it was there, he should have brought it to my attention,” he said to the judge.
“When I stood up, I assumed that whatever was dropped was picked up. I had no knowledge that something that had fallen was still on the floor when I was standing.”
The judge said that soon after the accident, everyone admitted that the Truffle was a criminal as it was found on the floor, while some chocolate residues were also on the sole of Mrs. Malik’s shoes.
But an entire troll through the CCTV of the restaurant showed a more complex picture, with no meaning with maintaining the restaurant that Mrs. Malik was actually seen to stand on the caramel choke.
Her barrister, Simon Plot put her case in the field that she either stepped on the “sticky residues” of the truck after standing from the table – or he stood himself and squares the chocolate himself.
But the defense lawyers claimed that Mrs. Malik ended the floor after her right ankle “reverse” and insisted that the restaurant barrister, what is, said that what is the restaurant’s barrister. Juliet stevenson“Runway Truffle” had nothing to do with the label accident.
She abandoned several alternative possible causes for the loss of balance of Mrs. Malik, including three glasses of wine, a “some slippery floor,” tired at the end of the day, and wearing high heels, and also included “how much did the worker experience”.
But he also said: “The fact is that people lose their balance on this occasion without a clear reason.”
Judge Gerald said in his judgment that the video footage did not show any contact between Mrs. Malik’s legs and the trough, saying: “Her toe comes closer to the truffle, but it is absolutely clear that it does not actually come so close or within contact, because not only the trial does not move, but it does not change the size.”
The judge said that as a mark of sticky caramel on his shoes, it was probably the only “after the accident and before his shoes were removed.”
“I think the contenders did not spread on the trick before falling and so she has been unable to establish the necessary facts that she trusted and I rejected her claim,” she concluded.