A concertgoer is suing a Dalston arts centre for more than £250,000 over a claim that part of the ceiling collapsed on to her head during a gig.
Karen Tudor-Hart, 46, says she has been left in “constant fear” and suffered a possible brain injury when she was struck by a falling piece of the ceiling at EartH Hackney.
The freelance photographer, singer, and actor says she is now afraid of walking in parks, crossing the road, and going near to building sites in case she is hit on the head again.
She has filed a civil claim against HAC Theatre, operators of the east London venue, alleging “negligence” for failing to maintain the ceiling and exposing visitors to risk of injury.
In legal papers lodged at the High Court, Ms Tudor-Hart seeks damages for “pain, suffering, and loss”.
The venue has admitted liability for the incident but is challenging the severity of Ms Tudor-Hart’s alleged injuries and consequences for her life and career.
Ms Tudor-Hart’s barrister, Adam Dawson, said the incident happened just minutes into a gig by electronic duo Lamb on April 29, 2019, when Ms Tudor-Hart was in the audience with her husband and friends.
“Without any warning, (she) felt a huge force on the top of her head”, he said, in a written filing to the court.
“The force was sufficient to push (her) head, neck and body forwards. She was in immediate pain on the top left-hand side of her head.
“When she looked up she noticed that there was a large hole in the ceiling. It turned out that part of the ceiling had collapsed, or been caused by the weight of a person to collapse, and a piece of it struck her head.”
The venue in Stoke Newington Road, Dalston - the former Savoy Cinema which first opened in 1936 - was transformed in 2018 into EartH Hackney, comprising a 680-seat theatre, 1,200 capacity gig venue, and a modern kitchen and events space.
The Art Deco cinema shutdown in 1984 with Al Pacino’s Scarface the last movie to screen, the venue’s website says, and EartH founder Auro Foxcroft says they have now “evolved from a pigeon-filled art deco ruin to a new arts venue”.
In her claim, Ms Tudor-Hart says she was taken to hospital by ambulance after being struck on the head, and was diagnosed with post-concussion syndrome and signs of PTSD.
Mr Dawson said she has suffered migraines, neck pain, dizziness and “sensory overload”, enduring fatique, frequent headaches and occasional blurred vision.
“(She) continues to have a fear of being hit on the head, something which was a severe restriction to her as she feared crossing roads, walking near building sites and even walking near parks where she fears she could be hit by a ball”, he said.
“The Claimant additionally has a fear of ingesting glass or other hazardous material fearing that broken glass could kill her.”
He told the court Ms Tudor-Hart now “lives with constant fear and anxiety hanging over her”, which has “significantly restricted” her ability to work.
“(She) has had to cancel a number of professional projects”, he said. “The accident has additionally put significant strain on the Claimant’s family. She needs regular ongoing mental health support.
He said Ms Tudor-Hart also has “flashbacks of the accident”, a tremor in her hand, it has affected her eating habits, and she has “low self-worth and is very anxious”.
A claim for more than £250,000 in damages was filed in August this year and made public earlier this month.
The venue’s barrister Paul Whitfield suggested in a written defence statement that damages of £2,770 should be awarded by the court.
“A small amount of plaster fell in pieces from the ceiling of the auditorium because one of the defendant’s employees stumbled in the room above the auditorium such that her foot came through the ceiling”, he said, explaining the incident.
“It is admitted that the claimant had no warning of this. It is denied that the claimant ‘felt a huge force on the top of her head’ and it is denied that ‘the force was sufficient to push the Claimant’s head, neck and body forwards’.”
Mr Whitfield said a hospital report recorded Ms Tudor-Hart as suffering “no headache, no dizziness, no loss of consciousness, no nausea”, and she only allegedly suffered a “small graze to forehead”.
He said the venue claims she “received a glancing blow from a small piece of plaster only and that she suffered no more than a very minor injury, insufficient even to cause her any scarring.”
The venue admitted liability in 2019, and plans to challenge Ms Tudor-Hart’s evidence about her alleged struggles in the last three years.
It claims her earnings were badly hit by the pandemic, and points out she only claimed for £10,000 in damages when the case was first taken to court.
