Lay v Morland & Co CA 5 December 1997

Incident and appeal contentions: Defendant's appeal from order of Judge Viljoen, Milton Keynes County Court, 27 November 1996, giving judgment for plaintiff for 60 per cent damages to be assessed. Plaintiff employed by defendant as bar and catering person at Warwick Arms in Reading. She was injured in fall at premises when walking through bar area towards kitchen. Appellant contends there is no evidence to support judge's finding that the step on which respondent tripped was a hazard that appellant should have taken action to avoid especially in view of respondent's own evidence that step was not a danger