BLIND Irish sportsman and adventurer Mark Pollock, who was left paralysed after falling from a second floor window of his friends' Henley home, has successfully sued for damages.
Mr Pollock, 39, who was the first blind man to race to the South Pole, sued Enda and Madeline Cahill, of Woodview, Remenham Lane, Henley, after he fell from a window at their house in Henley-on-Thames five years ago.
A High Court judge in London has upheld his claims, saying that he was satisfied the Cahills failed to discharge the common duty of care they owed as occupiers.
The athlete, originally from Co. Down but now living in Dublin, sustained a “catastrophic spinal cord injury” as well as fracturing his skull in the fall.
He is now paralysed from the waist down, the court heard.
Barrister Christopher Wilson-Smith QC told the court that the accident happened just weeks before Mr Pollock was due to marry his fiancé, solicitor Simone George.
Mr Pollock was in England to take part in the Henley Royal Regatta. He said he didn’t remember anything about the fall.
He believed the most likely sequence of events was that he became disorientated on the way to the bathroom and tripped out the window.
The Cahills had denied any liability.
Mrs Cahill, 42, told the court: “If it had crossed my mind for an instant that there was any danger or risk, I would have insisted Mark stay in the conservatory. I wouldn't put any guest of mine in a position where they could have an accident.”
But she agreed that, "with hindsight", she wished she had closed the window.
Mr Pollock lost his sight in 1998 at the age of 22 but went on to win bronze and silver medals at the 2002 Commonwealth Games.
On his blog Mr Pollock has been at pains to point out that at no time did he want money from his friends.
He said: “The headlines that said that I was suing my friends were misleading and provocative.
"My claim was made where there was a public liability insurance policy in place to meet the cost of accidents like mine.
“Most house insurance policies contain such cover for this exact purpose. Therefore the insurance company’s solicitors defended the case.
“My friends did not have to hire their own solicitors. They did not have any legal costs.
"They were never at risk of having to compensate me from their own pockets for the costs I bear as a result of my injury.
“It is important to me that you know that I expressly limited my claim for damages to the cap on my friends’ insurance policy.
"This is a fraction of the financial cost I bear as a result of the fall.”
The issue of damages will be considered at a later date by Mr Justice William Davis after his ruling.
