British Airways has blamed a businessman who is suing them for £5million, saying he was racing to his flight while carrying a tray of Starbucks coffees when he slipped in a puddle of Baileys at Heathrow.
Andreas Wuchner has told a court he suffered career-ending brain damage when sliding on the liqueur dropped by a passenger at a BA boarding gate in November 2017.
Mr Wuchner – who ran an office supplies company – is now taking legal action against the airline, claiming his head injuries caused his business to fold.
But lawyers for BA say Mr Wuchner – who had already missed one flight – was to blame for the accident having insisted on stopping for ‘proper coffee’.
They say he had to race for his plane, laden down with four Starbucks espressos and latte macchiatos, having decided to go for last-minute coffees before boarding.
Andreas Wuchner says he suffered career-ending brain damage when slipping in a puddle of Baileys liqueur dropped by a passenger at a BA boarding gate in November 2017
Mr Wuchner, pictured outside Central London County Court, has been questioned by a lawyer for British Airways over the circumstances of his fall at Heathrow
When told he was the last passenger to board, the company boss began ‘running with two bags, a tray of coffee and a mobile phone’ before slipping in the Baileys, it is claimed.
Mr Wuchner denies he was at fault – insisting he was walking, not running, for his plane and that he had plenty of time to make it anyway.
Sitting at Central London County Court, Judge David Saunders was told that Swiss national Mr Wuchner, then 35, was in London on a business trip when he was injured.
He had spent a day with contacts and an evening in a lounge at Wembley Stadium, before heading back to Zurich via Heathrow.
He had already missed one flight due to traffic and rebooked but long security queues meant he and his business partner were the last to the boarding gate, Mr Wuchner told the judge.
But BA barrister Tom Bird said that, despite being the last to arrive with all the other passengers already on the flight, Mr Wuchner had gone to buy extra coffees for the flight from a Starbucks counter.
It was in rushing to the boarding gate, with only 15 minutes to go before scheduled take-off, that he slipped in the Baileys while carrying a tray of four coffees.
When asked why he decided to get coffee so close to departure, Mr Wuchner told the court: ‘I really enjoy a proper coffee out of a coffee machine, rather than the normal airport coffee, which is why I went to Starbucks.
‘As soon as I ordered the coffee, the BA employee started to shout loudly that I was the last passenger so I should hurry up.
‘I went as quickly as possible to the boarding gate, bearing in mind I had four coffees in my hand.
‘I wasn’t running, but I went as quickly as I could. I was walking swiftly, bearing in mind the safety of my coffee cups.’
Andreas Wuchner (centre), pictured at Central London County Court, ran an office supplies company
The Swiss businessman had been at Heathrow airport (pictured above in a file photo) to catch a British Airways jet to Zurich when the accident happened on November 11, 2017
Mr Wuchner was checking in for his flight when he went head over heels in a puddle of spilt Baileys liqueur – this file photo shows bottles of the beverage
He said that, having been ‘put under pressure’ to hurry, he headed towards the BA desk and slipped in the Baileys – flipping 2m in the air, sending the coffee cups flying and hitting his head on the floor.
Mr Wuchner said: ‘I was told I went two metres in the air, that’s what was said to me. I was told that I did a backwards jump and did two metres in the air.’
The barrister put to him that he had caused a potentially dangerous situation for himself by choosing caffeine over punctuality.
Mr Bird told him: ‘You put yourself under pressure by turning up late for the flight and, instead of turning up to the gate, going to get more coffee.’
Mr Wuchner insisted: ‘I walked normally to the gate.’
Mr Bird asked: ‘Why four coffees? Were you tired from the night before?’
Mr Wuchner responded by saying: ‘No. Just for the flight, one latte macchiato and one espresso for both of us.’
It was put to him by Mr Bird that, had he been looking where he was going, he would have seen the huge puddle of Baileys and missed it.
He replied: ‘As far as I am aware, a passenger dropped the bottle and a little bit was spilled, but it was when I fell on it that the bottle broke and the real puddle came to be.
‘I first saw what was on the floor when I was helped to stand up. That’s when I saw there was some Baileys and some broken glass.
‘If the lady had not continued to shout at me and distract me, I might have seen the puddle.
Mr Wuchner told the hearing: ‘I really enjoy a proper coffee out of a coffee machine, rather than the normal airport coffee, which is why I went to Starbucks’ (file photo of the firm’s logo)
British Airways has denied its staff were negligent when Mr Wuchner suffered his injuries – the firm’s logo is seen here on plane tail fins at Heathrow airport in west London (file photo)
Mr Wuchner’s case against BA is being heard at Central London County Court (pictured)
‘I was put under pressure from the coffee counter to hurry up or I would miss the flight.’
Mr Bird said: ‘I suggest that none of the boarding staff told you to hurry up.’
The barrister claimed that one of the BA staff called out to warn Mr Wuchner about the spillage.
‘You ignored her warning because you were running towards the gate without looking where you were going,’ he added.
Mr Wuchner replied: ‘She did nothing.’
‘If you weren’t running with two bags, a tray of coffee and a mobile phone, this accident would not have happened,’ Mr Bird told him.
Mr Wuchner replied: ‘I wasn’t running and if British Airways had obtained CCTV footage we would not be having this conversation.’
Although BA is automatically liable up to £120,000 to Mr Wuchner under the Montreal Convention, which governs accidents in international airports, it claims it can exonerate itself from liability by blaming Mr Wuchner.
Mr Bird told Judge Saunders: ‘BA will invite the court to find that the slip was caused or contributed to by the claimant’s own negligence.
‘He failed to look where he was going or to notice the spillage when moving towards the boarding gate, he moved too quickly towards the boarding gate because he was rushing to avoid missing the flight, and/or he failed to pay attention to or respond to the warning to him of the spillage.’
He said BA staff had seen the puddled alcohol and called for a cleaner, but it was only after the fall that the airport’s maintenance crew turned up.
He had spent a day with contacts and an evening in a lounge at Wembley Stadium, before heading back to Zurich via Heathrow (pictured)
Mr Wuchner denies he was at fault – insisting he was walking, not running, for his plane at Heathrow (pictured) and that he had plenty of time to make it anyway
Mr Bird added: ‘BA will contend that the court should find that it should be wholly or partially exonerated from liability pursuant to Article 20 of the Convention.’
But for Mr Wuchner, barrister Sarah Prager said he continues to claim that he was not warned of the spillage at the boarding gate.
She said: ‘The claimant submits that the defendant cannot prove that the accident was not due to negligence or fault on its part or on the part of its staff.
‘They had identified the spillage, but they did not do anything sufficiently active about it for a period of some 15 minutes.
‘The burden of proof is on the defendant to show why it should not be liable to compensate Mr Wuchner fully in respect of the losses he has sustained due to the accident.’
Mr Wuchner’s claim was until recently limited to about £150,000, but has now been increased so that he is claiming more than £5million in compensation.
He had been running his own office supplies company but that was ‘liquidated’ in September 2018, ten months after the accident.
His lawyers say he sustained a ‘traumatic brain injury’ which led to agonising headaches, forgetfulness and concentration problems, causing the failure of his firm and the loss of his business career.
The court heard that BA disagreed about the value of his case, with the airline disputing his claim that the injury led to his company’s downfall.
Mr Bird said: ‘BA does not accept that the accident resulted in the loss of the claimant’s business or that he is, or will be, unable to find alternative employment.
‘The neurological evidence indicates that with proper treatment he is likely to make a complete recovery.
‘Quite apart from the limit of liability and considerations of contributory negligence, BA says that the true value of the claim is a fraction of that alleged.’
The hearing continues.