M&S shopper who slipped on a grape sues for £300,000

An accountant who slipped on a grape outside a Marks & Spencer store is suing the company for more than £300,000.

Alexander Martin-Sklan claims he developed "deep depression" after tearing a thigh tendon in the fall.

He says his business suffered - and his injury also stopped him going on skiing holidays.

Mr Martin-Sklan began his High Court action against M&S yesterday. The court heard how the 55-year old accountant had been shopping at an M&S branch in Finchley Road, North London, on June 18, 2004.

Representing himself through written submissions, Mr Martin-Sklan said: "The claimant, upon conclusion of his shopping in the store and having just passed the fruit and vegetable section, exited into the car park.

"Walking onto the ramp outside and while pushing the trolley down the slope, a car appeared to his left.

"That car was driving at speed and the claimant was startled and compelled to stop suddenly - and as he did so his right foot slipped outward and he fell awkwardly.

"He ripped his quadriceps tendon as a result. A piece of stepped-upon fruit was found on his right shoe."

Mr Martin-Sklan told the court that his claim centred on the fact that he had "picked up the fruit somewhere on the company's premises."

The accountant - who charges £225 an hour for his services - claimed the psychological effect of the injury had a profound effect on his business. He had suffered both depression and "adverse psychological effects" and also a "loss in confidence."

His injuries had also stopped him playing tennis and football and going on skiing holidays - pastimes which he had previously enjoyed.

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After the incident, he said, he had been unable to recruit new clients and contacts to help his business, which he ran from his home in Golders Green, North London.

He claimed the car park was swept only once a week. This, he maintained, created an "intolerable hazard."

He is claiming a total of £315,815 in damages. M&S, who are being represented by barrister James Aldridge, deny they were negligent.

The accountant had been wearing sandals at the time and produced them in court as he was questioned by Mr Aldridge, who said: "At most you saw a red gooey substance which you assumed was a grape."

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But Mr Martin-Sklan replied: "No, an ambulance man said, 'To me that looks like a squashed grape.' I saw the shape of a grape - it was squashed and it was red."

Mr Aldridge then suggested the substance may already have been on the accountant's sandals when he entered the store.

But Mr Martin-Sklan said: "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 barrister argued that Mr Martin-Sklan had purely suffered an "unfortunate accident" and had come up with an "elaborate explanation" involving the grape.

The hearing continues.