THE widow of an Evesham man who died from salmonella poisoning while they holidayed together in Italy is to continue her fight for compensation in the courts.
Jean Appleyard’s husband Geoffrey, aged 71, died after eating dinner at the four star Grand Hotel in the exclusive Gardone Riviere resort, on the banks of picturesque Lake Garda, in June 2008.
Worcestershire coroner Geraint Williams ruled that Mr Appleyard’s death was as a result of food poisoning at an inquest last year. He added that Mr Appleyard’s health was good before they dined in the restaurant but that a contributing factor in his death was recent stomach surgery which had left him unable to fight the infection effectively.
He criticised the standards at the hotel after a local health authority report revealed the hotel kitchen was riddled with salmonella type B. The source was believed to be stagnant water in the hotel’s wine cellar.
Mr Williams said: “Mr and Mrs Appleyard went on holiday in Italy on a recommendation and, although the hotel seemed very picturesque, there was a very dark side in the kitchen and cellars where there was a virulent contamination of Salmonella in the foodstuffs.
“This was served to the guests and, as a consequence, a large number of guests became ill. Mr Appleyard died because he was not able to withstand this infection.”
Now, lawyers representing Mrs Appleyard have confirmed that she and eight other victims, many of whom were hospitalised and now face a life-time of illness, are to continue their battle for justice in court.
Travel law experts Irwin Mitchell say that the victims have been left with no choice but to issue legal proceedings after tour operator TUI UK Ltd* - part of the Thomson group - repeatedly failed to consider the full extent of the victims past and future suffering, and loss, when negotiating compensation despite an admission of liability from the firm. The victims suffered symptoms such as severe diarrhoea, sickness and cramps.
Solicitor Vishal Mahay from Irwin Mitchell is representing the group. He said: “One man died, dozens were hospitalised, and six of our clients are continuing to experience painful symptoms two years on.
“So for TUI UK Ltd to have accepted that they were at fault, but refuse to ensure that the victims receive the money they need to start rebuilding their lives and putting this ordeal behind them is nothing short of an insult.”
Mr Mahay added: “Tour operators are responsible for the wellbeing of their guests throughout the duration of their holiday and must ensure the very highest standards of health and hygiene are met at every hotel and resort they work with.
“There is no denying that Salmonella is extremely dangerous, one man tragically died. But there is also a large risk of long-term health problems for people who suffer from food-poisoning. Around 40 per cent of the clients who contact us for help continue to suffer many years later.
“We have tried to amicably resolve this matter through a number of attempts to negotiate a fair settlement with TUI UK Ltd. But, after more than two years, we have been forced to continue the battle for justice on behalf of our clients in court so that they can finally have access to reasonable, fair compensation that takes into consideration the heartache, physical and emotional suffering, and loss of earnings they have endured.”
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