An Asda employee is taking the grocer to court over allegations he was left with a shorter leg due to an accident at work.
Steve Drew, 49, is seeking £200,000 in damages after tripping while bringing in a 'stack of bread' from the warehouse yard at the supermarket's store in Sutton, Surrey, in September 2017.
Mr Drew claims he fell after being "startled by the sun" during his shift, an accident which later resulted in a hip replacement.
He alleges he was so badly injured that he has been left with one leg shorter than the other.
The case claims his employer was at fault in allowing the pallet truck he tripped on to be left where he could fall over it.
His lawyer Elizabeth Boulden told Central London County Court: "As he walked out, he was startled by the sun, turned to his left, and fell over a pallet truck which had been left in the walk area."
Mr Drew, who suffered "an adjustment disorder" afterwards, claims Asda was at fault for allowing the truck to be left where he could topple over it.
The supermarket has admitted it was at fault, but is contesting the size of the payout Mr Drew should get and whether the fall was the cause of his ongoing issues.
According to documents filed at Central London County Court, Mr Drew had been covering a shift in the store's warehouse, where he didn't normally work, when he sustained his injury.
“He had brought in a fresh delivery and then returned to the warehouse to take in a bakery delivery,” said his barrister, Elizabeth Boulden.
“He went out of the warehouse doors to the yard in order to collect a stack of bread.
“As he walked out, he was startled by the sun, turned to his left, and fell over a pallet truck which had been left in his way in the walk area.
“As a result, he tripped over the pallet truck, landing heavily, and thereby sustaining injury to his left leg.
“There was no one around, but he was able to reach his work phone and call for help.”
Mr Drew told the court he was left in serious pain, which extended down his left leg, and was taken to hospital in an ambulance.
He had suffered a 'nasty' break to his left femur and had to have it treated with metalwork being inserted into his hip.
However, the fixation failed to stabilise the fracture and he had to undergo a total hip replacement.
“As a consequence of the above, he sustained a leg length discrepancy, causing him right leg and lower back pain,' says his barrister.
“He also suffered from an adjustment disorder, namely a mixed anxiety and depressive reaction, as well as a further bout of adjustment disorder and then some residual anxiety, as a result of the accident and the physical injuries sustained.”
Judge Heather Baucher heard that Asda has accepted liability for the accident, but is contesting the size of the payout.
A full trial will follow unless it can be settled out of court.
