Egg-and-spoon woman denies exaggerating injury
A British woman today failed in her bid to claim damages from her former employer after she was injured in an egg-and-spoon race.
Sarah Cutler decided to sue Swindon-based Zurich Financial Services after she slipped over during a mock school sports day designed to boost employees’ moral, Swindon County Court heard.
The judgement came after Charlie Cory-White, for Zurich, told the court: “There is an element of over-egging.”
Around 60 Zurich workers took part in the event at a playing field on August 16 2001. Before a post-games barbecue, face painting, a penalty shoot-out and a sack race were among the events taking place.
Employees were split into teams, each team member volunteering for events they fancied, the court heard.
Miss Cutler, then aged 27 and a video display unit operator at Zurich, stepped forward for the egg and spoon race, where brisk walking rather than running was permitted.
She told the court how she won her heat and qualified for the final.
Between the heat and the final 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.
Her lawyer, Matthew White, said Zurich had been negligent, failing in its duty of care for Miss Cutler by requiring her to race on wet grass.
The claimant was “effectively at work” and in the workplace, he said.
He said that, under workplace Health and Safety regulations brought in in 1992, Zurich had failed in their duty to ensure Miss Cutler, as an employee, should not be required to pass over an “unsuitable pedestrian route.”
Mr White added: “Grass is not an unsuitable surface for carrying out a race on, but wet grass is. There is a risk you will fall.”
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.”
Event organiser Sally Franklin told the court how none of the competitors raised any concerns before the race went ahead.
Ruling that Zurich were not at fault, 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,” he said.
“It was an accident.”
