Holidaymaker stripped of £ 29,000 payment after belly bug – because TUI did not dispute the evidence

0


Peter Griffiths, father of a child

A British holidaymaker who suffered a severe stomach ache at a luxury Turkish five-star hotel so severe that he lost 21 pounds and ended up on a drip in a hospital has been deprived of his £ 29,000 allowance by appellate judges.

Father-of-one, Peter Griffiths, 58, sued vacation giant TUI after being hit with stomach cramps, fever and diarrhea while staying at Aqua Fantasy Aqua Park Hotel and Spa in Izmir on the Turkish Aegean coast in 2014.

Blaming the food at the hotel for the illness that left him with stomach cramps more than five years later, he was awarded £ 29,000 for his ordeal by Judge Martin Spencer in August last year at following hearings in County Court and the High Court in London.

But Mr Griffiths will now go empty-handed after the Court of Appeals overturned its decision and deprived the computer scientist of his payment.

Lady Justice Asplin and Lord Justice Nugee said the judge was wrong to say that the testimony of Mr Griffith’s bug expert should be accepted simply because TUI had not presented his.

But Lord Justice Bean, who disagreed but was outvoted by his colleagues on the Court of Appeal, said Mr Griffiths, of Fleet, Hampshire, must be left “to wonder what he did wrong “.

“He commissioned a leading personal injury law firm, which in turn commissioned a prominent microbiologist whose integrity was not in doubt,” he said.

“Mr. Griffiths and his wife testified at trial, were cross-examined, and were found… to be completely honest witnesses.

“The eminent expert gave his opinion that, on the balance of probabilities, Mr. Griffiths’ illness was caused by the consumption of contaminated food or fluids provided by the hotel.

“No evidence to the contrary was disclosed or invoked, and the expert was not cross-examined. Yet he lost his case.

Pictured: Aqua Fantasy Aqua Park Hotel and Spa in Izmir on Turkey's Aegean Coast

Pictured: Aqua Fantasy Aqua Park Hotel and Spa in Izmir on Turkey’s Aegean Coast

Mr Griffiths suffered stomach cramps, fever and diarrhea while staying at the all-inclusive Aqua Fantasy Aqua Park hotel in 2014

Mr Griffiths suffered stomach cramps, fever and diarrhea while staying at the all-inclusive Aqua Fantasy Aqua Park hotel in 2014

During the county court’s initial trial over his complaint, Mr Griffiths said he was on vacation with his wife and then his 12-year-old son in August 2014 when he was struck off.

Other than once in a restaurant when he went to a drugstore, he ate all of his meals on vacation at the hotel, which has six restaurants and nine bars and a huge water park on the beachfront site.

His lawyers said his hygiene concerns included food that was allegedly left outside and not in refrigerators, sometimes served lukewarm, as well as birds and cats frequently eating food left by guests.

He first fell ill on August 4, he said, and spent two days in bed before going to the pharmacy for medication on August 7. He then fell ill again on August 10 and was hospitalized three days later.

Mr Griffiths was treated with intravenous fluids and antibiotics and was well enough just in time to return home on August 16.

At the end of the county court trial in September 2019, Judge Delia Truman dismissed her case, saying testimony from a microbiologist called by her lawyers did not prove the virus originated from the hotel.

He said he ate all of his meals at the hotel, which has six restaurants (one in the photo) and nine bars as well as a huge water park.

He said he ate all of his meals at the hotel, which has six restaurants (one in the photo) and nine bars as well as a huge water park.

She said it was not clear why the professor dismissed meals at the local restaurant as a source of infection and that there was no “clear chain of logic” in her report.

Judge Martin Spencer overturned his decision in the High Court in August, ruling that she had been wrong to do so, as the evidence was “undisputed” because TUI had not called an expert to challenge his point. seen.

However, TUI then took the case to the Court of Appeal, where Lady Justice Asplin and Lord Justice Nugee have now restored the county court decision, meaning Mr Griffiths will get nothing.

Ruling, Lady Justice Asplin said: “Judge Truman did not decide that the report was ‘wrong’ in the sense of expressly rejecting its conclusion.

“She decided that the report was insufficient to meet the causal burden of proof on Mr. Griffiths because of his shortcomings, which she exposed.

‘It is not for us, nor for [Mr Justice Martin Spencer] to reverse its evaluative judgment in this regard.

Lord Justice Bean disagreed with his colleagues but was outvoted two to one meaning TUI’s appeal was allowed and Mr Griffith’s offer of compensation was ultimately been rejected.

Speaking earlier, Mr Griffiths said he was “really looking forward” to his vacation, but it had been “completely ruined”.

“It was the worst I have ever been and I was afraid I wouldn’t even be able to go home,” he said.


Leave A Reply

Your email address will not be published.