Sarah CutlerA WOMAN who fell over during an egg and spoon race at a fun day has failed in her bid to sue her former employers. She had to pay £13,000 in costs.

Sarah Cutler was close to the finishing line at the sports day when she slipped on wet grass.

She cracked her sternum, injured her neck and started legal proceedings against her former bosses Zurich Financial Services, who had organised the day.

But a judge at Swindon Crown Court threw out the case saying the company had not acted negligently in allowing her to walk on wet grass.

Miss Cutler was a VDU operator at the company. The fun day was organised as a team building exercise in August 2001.

The event at King Edward's Place, Zurich's training centre in Wanborough, took the theme of a school sports day with teams competing in a number of races followed by a barbecue and bar.

Miss Cutler, who used to go bungee jumping, told the court that she felt compelled to enter the egg and spoon race as no-one else from her team wanted to take part.

She finished in the first two in her heat but just before the final there was a short burst of rain, leaving the grass slightly damp.

"You can't really go fast in an egg and spoon race, I was going at a fast walk maybe. I slipped, my feet just sort of went and I landed heavily on my back," she said.

After being given painkillers Miss Cutler, who now works in a call centre for Virgin, was X-rayed.

Her sternum was found to be cracked. But about five weeks later Miss Cutler, who had previously had back and chest problems, complained that she was suffering from neck pain.

Matthew White, for Miss Cutler, said that Zurich had failed in its duty of care to staff by allowing them on to a slippery surface.

"I don't say grass is unsuitable for carrying out a race, but wet grass is," he told the court.

Charlie Corey-Wright, representing Zurich, asked the court to take a 'commonsense approach' to the matter.

"Of course you might get slippery grass if it rains on a playing field," he said.

Finding against Cutler, Recorder Michael Tenant said in this case the employers could not be held responsible for the construction of a grass playing field.

Miss Cutler, of Pennine Way, Melksham, refused to discuss the matter after the case.

Jamie Hill