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Woman 'Over-Egged' Damages Claim
25th February 2005
A woman has failed in her bid to claim damages from her former employer after she was injured during an egg-and-spoon race it organised. Swindon County Court heard how Sarah Cutler decided to sue Zurich Financial Services after the event in 2001.
The 31-year-old said she slipped on wet grass and complained of neck pains resulting from the fall.
The court ruled there was "not a shred of evidence" to show that Zurich had not acted with "due care".
About 60 Zurich workers took part in the event at a playing field in August 2001.
Miss Cutler, then aged 27 and a video display unit operator at Zurich, volunteered for the race, where brisk walking rather than running was permitted.
A light shower of rain took place, but the wet grass was not thought to be a serious danger, the court was told.
As Miss Cutler, from Melksham, Wiltshire, neared the finish line, she slipped on to her back. It was later discovered she had fractured her sternum, she told the court.
Five weeks later Miss Cutler also complained of neck pains, which she claimed resulted from her fall.
"If I had not fallen, I would not have been suffering from neck pain," she told the court.
'Over-egging'
Charlie Cory-White, for Zurich, denied the accusations and said Miss Cutler was exaggerating the extent of her injuries.
He told the court: "There is an element of over-egging."
Miss Cutler, who now works in a call centre at Virgin, replied: "I have not over-egged anything."
Awarding costs of £1,2918.65p against Ms Cutler, Recorder Michael Tennant said: "There was not a shred of evidence that showed the firm had not acted with due care.
"The claimant did not run, even if she had to try and walk fast. Regrettably, she fell and was injured. It was an accident."
© BBC – Story Filed 25th February 2005
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