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High Court, in personal injuries proceedings, dismisses claim for damages arising from a fracture to the plaintiff's ankle after she tripped and fell in the car park of the defendant's premises after a night out with her friends, on the grounds that the plaintiff in fact fell at an entirely different locus to that as alleged, had consumed a considerable amount of alcohol on the night in question, and the surface of the car park itself was not in such a condition which would have rendered it unsafe to the plaintiff on the night.
Personal injuries - trip and fall in car park - large stone in hole on surface of car park - whether plaintiff took reasonable care for her own safety - whether plaintiff intoxicated at time - evidence at trial - plaintiff wearing flat shoes and had consumed alcohol - evidence of consulting engineer who carried out unofficial inspection of site - earlier joint inspection by parties' engineers - plaintiff did not inform engineer about hole in car park - evidence of defendant that plaintiff too intoxicated - text messages between plaintiff and her friends, who were present with her, on the night in question - friend's refusal to get involved in case - defendant's site preparation for 'rugby blitz' held contemporaneously to accident - lighting at locus - satisfied plaintiff consumed considerable quantity of alcohol - plaintiff told her own engineer she in fact tripped on loose stones - accident occurred in different locus to that as alleged by plaintiff - plaintiff makes no complaint about such area - surface of car park not unsafe - claim dismissed.
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