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Thursday, 10 October, 2002, 14:20 GMT 15:20 UK
Woman sues supermarket after fall
Asda signs
Beverley Jackson slipped in an Asda store
A woman who is in a wheelchair five years after slipping on a mushroom in an Asda supermarket is claiming �1m compensation.

Beverley Jackson, 44, of Maryland, Hatfield, Hertfordshire, was doing her shopping at the Asda store in the town when she fell in July 1997.

Although her injuries did not appear too serious at first, she later began to suffer severe pain in her right hip and underwent a hip replacement in August 1999.

The prosthetic joint later failed and had to be removed and Mrs Jackson now uses a wheelchair.

Dispute amount

Her lawyers say her disabilities are a direct result of her fall and are suing the supermarket chain for between �500,000 and �1m in damages.

Asda Stores Ltd has admitted full liability for the accident but is strongly disputing the amount of compensation due.

On Thursday the firm won the first stage of a battle to introduce new evidence which it says suggests Mrs Jackson's current disabilities could not be traced back to the supermarket accident.

It says this could reduce Mrs Jackson's claim to �20,000 to �50,000.

'Real difference'

She had already been suffering from osteo-arthritis and all the fall had done was to "accelerate" the onset of inevitable symptoms, counsel Mr Edward Bishop argued.

Earlier this year, a judge said it was too late for Asda to introduce the expert's testimony, but the supermarket chain was on Thursday granted permission at the London Appeal Court to appeal against that ruling.

Lord Justice Mance, sitting with Lady Justice Hale, said the new evidence revealed "a very real difference" between the medical experts.

Allowing the new evidence could also make "an enormous difference in financial terms", he said.

No date was set for the full Appeal Court hearing at which Asda will challenge the judge's decision not to allow them to use the expert's testimony in court.


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