A 48 year old man who suffered a heart attack as a result of contracting food poisoning on holiday has received a compensation settlement of £130,000 after suing tour operator JMC.
Graham Morgan-Smith, a teacher from Kent was on holiday with his wife Deborah and their children in Sicily in August 2002. Whilst he was there he contracted salmonella food poisoning. His symptoms of severe stomach cramps and diarrhoea ruined his holiday.
He and his family returned to the UK, but two weeks later after suffering severe chests pains he was rushed to hospital where he later suffered a heart attack.
Mr Morgan-Smith was unable to return to work after suffering major health and mental problems and was forced to take early retirement on the grounds of ill health after more than 20 years as a teacher. He and his family moved to Malaga in Spain as they could no longer afford to stay in their home in Ashford, Kent.
Mr Morgan-Smith said: “Instead of enjoying a relaxing break with my family and returning feeling fit and refreshed, my life has been turned upside down. I cannot believe the devastating effect that this illness has had on my life. It’s been a horrendous five years. Before contracting salmonella I was fighting fit and had completed the London marathon three times. Now I am constantly worried about my health and I am really not the same person as I was when I went on that holiday.”
The claim against JMC, a travel company owned by Thomas Cook, was settled by solicitors after JMC refused to pay compensation for illness stemming from the family stay at the Hotel Antares in Sicily. The claim was eventually settled without any liability in September 2007.
A JMC spokesperson had this comment: “As a responsible tour operator, the health and safety of our customers is always of paramount concern and the company was naturally concerned to hear about Mr Morgan-Smith’s condition. The company would, however, like to stress that this was an isolated case and that we received no other reports from guests.”
Mr Morgan Smith said the settlement would contribute to his family’s living costs, replace some lost earnings and help to repay debts built up since his illness.