Twist in case of businessman suing for £4m after slipping on Bailey's at Heathrow Airport

Twist in case of businessman suing for £4m after slipping on Bailey's at Heathrow Airport Andreas Wuchner faces claims made by a former friend that he is more capable than he says - Bookmark - CommentsGo to comments Become an Independent member to bookmark this article Already a member? Log in A businessman suing for £4m, claiming he was left "disabled" after slipping in a puddle of spilled Bailey's at Heathrow, is facing allegations he has been seen working and training to sail a boat on the Med. Andreas Wuchner suffered a head injury that he says resulted in "disabling migraines" after he slipped in the liqueur while rushing with a bag and tray of coffees to board a flight to Zurich in November 2017. The 44-year-old sued British Airways, claiming the headaches led to his business’ failure and left him unable to earn a living in the near decade since. Although a judge has already ruled he is due some compensation, Mr Wuchner now faces claims made by a former friend that he is more capable than he says, and that he has been able to work. A court heard the man say Mr Wuchner has "actively engaged in a wide variety of business interests" since the accident, travelled extensively in Europe, bought a boat and secured a boating licence in Croatia. However, in a hearing at Central London County Court yesterday, his barrister Sarah Prager KC branded the new evidence "gossip" involving two men who had fallen out. "Effectively, it's tittle tattle from a former friend, it's gossip," she told Judge David Saunders. "There's clearly been a falling out between the two gentlemen." During the liability trial of Mr Wuchner's claim in 2024, the judge heard Mr Wuchner was balancing a tray of espressos and two latte macchiatos when he failed to spot a patch of spilled liqueur on the floor and fell, striking his head and suffering lasting brain damage. Ruling on who was to blame, the judge said he found it "unusual that no immediate steps were taken by anyone from BA to prevent an accident" after the Bailey's was spilled. "Nothing appears to have been placed over the spillage to cover it up," he said. "That may have been simply because nothing was available, but it is surprising that this situation could not have been dealt with, at least temporarily, until all the passengers had boarded." But he said Mr Wuchner would only be entitled to 80 percent of his compensation when finally assessed due to his own “contributory negligence” in rushing for his flight with the four delicately balanced hot beverages. The case was set for an assessment of Mr Wuchner's damages, but took an unexpected turn last year when his former friend put forward new evidence about the impact on him of his injuries. In his claim, Mr Wuchner said that, since the fall, he has been dogged by “constant pain and discomfort... symptoms of dizziness, nausea, forgetfulness, difficulty concentrating, memory loss, constant exhaustion, irritability and pain to his neck and back”. It had ruined his ability to manage his once-thriving merchandising company and he ended up being unable to work due to his “severe and constant headaches”. But for the accident he would have carried on building up his company, but it had folded and he now cannot earn and feels “like a burden” on his partner. In a hearing in December, BA barrister Asela Wijeyaratne said Mr Wuchner had painted a picture "of gross disability caused by debilitating headaches with associated neck and back pain, cognitive and executive dysfunction, memory loss, fatigue, personality change and secondary psychological disorders." But he told the court that evidence from Mr Wuchner's former friend and business associate, Sebastian Steiner, "paints a radically different picture." Mr Steiner said he had seen his former friend doing lifting and carrying tasks “requiring considerable physical effort” and that the pair had also bought a boat together. “They went on holiday together to Ibiza in September 2018. They travelled to Croatia in May 2021 where the claimant obtained his boat licence,” said the barrister. While Mr Wuchner did tell his friend of suffering headaches, Mr Steiner said he was able to work on his own behalf and "did not notice him experience any difficulty in completing physical tasks, answering emails or speaking on the telephone.” He said the new evidence suggested that Mr Wuchner had "actively engaged in a wide variety of business interests since the index accident." “These activities appear to be physically and mentally demanding, including involving long drives across continental Europe and other foreign travel, as well as requiring initiative, skill, concentration and business nous," he said. But in court yesterday, Mrs Prager branded the new evidence "tittle tattle" which had to be looked at in the context of two men who had fallen out with each other. And she said that, despite having introduced the new evidence, BA had not so far applied to amend their case to directly allege dishonesty or exaggeration against Mr Wuchner. "Whoever is in the right, it just boils down to tittle tattle," she told Judge Saunders. "There is no allegation of fundamental dishonesty or exaggeration and the defendant has had an ample opportunity to apply to amend their pleading in that respect." Applying for the £100,000 interim damages payout, she told the court that Mr Wuchner says he has not earned any significant income since the accident nearly a decade ago. "He needs to eat and will not have earned for 10 years by the time of the trial," she told the judge, adding that experts agree that he suffers with a "severe and disabling migraine disorder." Awarding him the payout, Judge Saunders said £100,000 was proportionate given that the total amount which he is claiming is £4m. "I accept there's a dispute about the extent of his claim and his credibility, and there's an underlying suggestion that there is a potential further defence of fundamental dishonesty, but as yet that hasn't been pleaded," he said. "The credibility of Mr Steiner's evidence will depends on cross-examination in the witness box." The trial of Mr Wuchner's compensation claim is not now due to go before the court until next year. Join our commenting forum Join thought-provoking conversations, follow other Independent readers and see their replies Comments [Image text:] 2R Koep ciear Aut Vacuatir