Helen Nugent
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An accountant who says his business suffered after he slipped on a grape in a Marks & Spencer store and hurt his leg is claiming more than £300,000 compensation from the retail giant.
Alexander Martin-Sklan, 55, from Barnet, Herts, launched his High Court damages action yesterday over the incident in June 2004. The case is being contested by the chain.
Mr Martin-Sklan, who is representing himself at the London hearing, says a piece of squashed fruit was found on his right shoe after the fall — during which he ruptured his quadricep tendon — and could have been picked up inside the shop or in the car park. The businessman, who charges £225 an hour for his financial services, says “loss of confidence” and depression following his injury meant he was unable to recruit new clients and contacts. He also claims that he is no longer able to ski, play football or tennis.
James Aldridge, representing M&S, questioned whether the substance on Mr Martin-Sklan’s sandals was fruit. Mr Martin-Sklan rejected his suggestion that the “piece of goo” may have already been on his sandals when he entered ths store.
The accountant told the court: “I have a cleaner who cleans all my shoes on a Wednesday or Thursday, and if there was anything beneath the sole she would have taken it off.”
The accident happened at Mr Martin-Sklan’s local Finchley Road branch. During his cross-examination, Mr Aldridge said: “Sometimes unfortunate accidents do happen without anybody being at fault. Isn’t this just one of those occasions, because you happened to slip as you were exiting the supermarket, as sometimes people do?
“You tried to recreate why you suffered this accident and came up with this rather elaborate explanation for why the car park was not safe.”
Mr Martin-Sklan replied: “I slipped because of picking up fruit \ in the store. I had a squashed grape on my shoe and I had been startled by a car whilst pushing a trolley on the ramp.”
The hearing continues.
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err how much did Wal Mart make last year?? why not.god loves a tryer...
Vicki , Rotherham, England
That is SO American.
Jennifer Hynes, Plymouth, England
Iâm also looking at suing a top supermarket for a accident I had at work. I was coming down into the warehouse floor from an upper office when I slipped on an old piece of rotten potato that was left on the floor as the company I work for decided to take the cleaner off his duties and go picking. My patellar tendon snapped and my knee cap went up my femur and had to go into hospital and have a hamstring graft to repair my tendon and Iâm still having problems with my knee with constraint pain and Iâm unable to do any sport and I have trouble walking any long distant and Iâm still waiting for another operation to see what the problem is. All this man does is sit at a desk all day and charges £225 an hour this is what I get a week, he should try living with what I have got, I hope that he does NOT get any money .
Nick, Bracknell, UK
Does he work from home? or an office nearby - the latter I think.
carl heine, Ealing,
is the world going bananas?
paul, Hong Kong,
This discussion is raisin some very important issues. The poor chap sounds like a bit of a fruitcake to me.
Michael, Liverpool,
Definately a case of sour grapes!
Pete, Blackpool, UK
This just sounds like some kind of joke and a way to scam the company.
According to the article, he's left it for 4 years before deciding to do something about it which just sounds suspicious, which is why I think he trying to scam the company just to get money.
And if you had a grape squashed grape at the bottom of your shoe if would have come off from walking. Or you would have been smart enough to know that there was something stuck at the bottom of your shoe and tried to remove it. So in actual fact it's just plain stupidity that something like that has happened.
Talulu, Belfast,
If he loses this case, he'll only blame the inadequacy of the legal system to recognise the legitimacy of his claim. So we'll then have the appeal (which I hope he'll lose) and finally it'll be a case of sour grapes!
(i'll get my coat)
Sam, Ipswich, UK
Had he paid for the grape? Could they counter-sue for theft?
Claire, Oldham,
what a joke, how dumb is this guy?
i really hope he does not get the money.
what is the uk coming to when people like him get all that money just for slipping on a grape?
ive fallen down some wet stairs and broke my foot, and cut my foot open on glass that wasnt cleaned up in the same place and i didnt once think about sueing them because it was quiet clearly a mistake. just like some goo on his shoe.
what the world coming to ???
Jemma, Taunton,
I read with dismay, your report of Mr Martin-Sklan's unfortunate encounter with a rogue Grape than had possibly escaped from his Local M&S Store. Doubtless the Judge has a number of options: Firstly find for the Plaintiff on a Split Decision i.e. 50% against the Grape, and 50% for the Startling Vehicle. Secondly he could find solely against the Grape (and its possible Owners). Thirdly, and I think this is the most likely, chuck the case out, with a judical rebuke to Mr Martin-Sklan. £300,000 for a damaged tendon, missing a bit of sport, coupled with just a hint of distress, pain & depression. Even if the rogue Grape was guilty (naughty Grape!) I'd like to know how Accountant Mr Martin-Sklar arrives at his Claim Figure!! Was it only yesterday that we were reading about a young Lance Corporal who had endured such extensive injuries (over 70% Burns) in Combat, and in the Service of his Country against Taliban forces, and was to be awared a paltry £150,000 as compensation!
Anthony Proctor, Stamford, UK
I was the victim of an armed robbery, having a shotgun shoved in my face and had all sorts of threats shouted at me. I got no compensation (although I don't really feel I am entitled to any). Believe you me, my confidence was shattered, it put a strain on my family and I still struggle, even two years on. This idiot should be entitled to NOTHING and should in future watch where he is blood walking. Maybe if he experienced something like I did then he might realise what having your confidence shattered is all about.
Matt, Mids, UK
I wonder how much Martin-Sklan pays the person who shines his shoes?
R.A.D. Stainforth, Manchester, UK
He has himself destroyed his claim I would have thought " and I had been startled by a car whilst pushing a trolley on the ramp" Surely he is suing the wrong person? Had the car not startled him he would not have fallen, therefore he should sue the car driver.
Howard, Basildon, England
I hope this chancer loses his case and gets stuffed with £300,000 in court costs.
He charges £225 an hour, then the government says people should work for £5.80 an hour minimum wage, just shows why the gap between the rich and the poor is never going to close.
K. Woodhouse, Lincoln, England
Fear not Davide. of Verona. I don't think that this claim is going to cost the tax payer anything. I say this for two reasons.
To begin with, Mr Martin-Sklan is representing himself. This means that he does not have legal aid. It also means that he couldn't find an ambluance chaser to take the case. Secondly, I calculate that to get this far, he would have had to have paid more than £2,500.00 in court fees.
Perhaps he should just accept that stuff happens!
Stephanie, London, UK
Presumably Mr Sklan removed the grape from M&S without paying for it... isn't that theft? This isn't the USA... I hope that Marks and Spencer have their legal fees paid by Mr Martin-Sklan for bringing such an absurd time wasting case.
Doug, Reading,
Blame culture.. do we really need this??.. what an idiot! Just look where you are going!!
Greg, Hertfordshire,
What a farce - I hope he and his onerous claim falls flat on his face! We`re getting more like the Blame-Claim US every day. If this idiot and the "sue `em if it moves brigade" get their own way, we will all have to e-shop for everything as all the stores will close as they won`t be able to afford the claims or the Public Liability insurance.
Pablo, Birmingham, UK
A very risky case and I hope he wins or settles because otherwise costs awarded against him will be enormous.
Simon, London, UK
I think that Mr Martin-Sklan should try and find out who dropped that grape and sue them! It's too easy to blame everything on companies.
Jamie, Edinburgh,
I hope he gets the money just to show how much of a farce the UK has become. There are murder victims families who get less than this for compensation.
Ludicrous really, "I was startled by a car and slipped on a grape."
Thats definately worth £300,000. Good luck buddy. And by the way, how much will it cost the taxpayer to get this through court ?
Cheered me up no end.
Davide, Verona, Italia
Haven't laughed so much in a long while! This story has cheered up my morning. Thanks Mr Martin-Sklan :)
Richard, Manchester,