This matter arose out of an accident which occurred on 7 October 2001 in which the Plaintiff alleged that he had slipped on a spilt substance on the floor of Wheeler’s restaurant, Strand Road, Londonderry. Mr Cox landed heavily on his posterior sustaining a soft tissue – musculo ligamentous injury to the tailbone region. He was removed to hospital. No x-rays where taken and no drugs were prescribed. Mr Cox complained of pain in this region for some several weeks following the accident.
In his examination-in-chief Mr Cox stated that he had little memory of events and could not remember slipping. He claimed that his only recollection was on leaving the hospital. However, Mr Cox had previously informed Mr Bateson, a consultant surgeon, that he regained consciousness in Wheelers and remembered ambulance attendants around him trying to wake him up. Furthermore, the A & E notes relating to the accident recorded that Mr Cox had collapsed.
Although the Plaintiff’s wife had asserted that she had noted a pool of brownish liquid in the vicinity of where her husband had allegedly fallen, she did not witness Mr Cox slipping. No other witnesses attended to support the Plaintiff’s claim.
Judge Keegan dismissed the Plaintiff’s case as he had failed to establish that he had in fact slipped on a spillage.