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Mark Pollock in line for multi-million-pound compensation after suing over 2010 paralysing window fall

Published 30/07/2015

Mark Pollock is suing over his injuries
Mark Pollock is suing over his injuries

An adventurer who became the first blind man to reach the South Pole is in line for multi-million-pound compensation after falling out of a window during the Henley Regatta.

Mark Pollock, originally from Holywood Co Down, sued his friends, Enda and Madeline Cahill, after the 25-foot plunge onto the patio of their home in the Oxfordshire town during the July 2010 regatta.

The disaster struck soon after his return from the 1,400-mile Round Ireland Yacht Race and just weeks before he was due to marry his fiancée, Simone George.

The 39-year-old Commonwealth Games medal winner was staying with the couple when he fell through the window of his upstairs bedroom, suffering catastrophic spinal injuries.

<< 'My friends were never at risk of having to pay out,' says Mark Pollock after damages win over window fall >>

His legal team, led by Mr Christopher Wilson-Smith QC, blamed Mr and Mrs Cahill at London's High Court, saying the window should never have been left open.

The accident left Mr Pollock paralysed, confined to a wheelchair and dependent on care.

Today, after a week-long trial at London's High Court, Mr Justice William Davis upheld his claim against the couple.

The ruling means Mr Pollock will receive massive compensation from the Cahills' household insurers to cover the costs of all the care and assistance he will need for life.

Mr Pollock earlier told the court he had no memory of the accident but that he was probably 'on his way to the bathroom and was disorientated and tripped out the window'.

However, the Cahills, of Woodview, Remenham Lane, Henley, have always denied the accident was in any way their fault.

Their barrister, Stephen Grime QC, described it as 'a freak combination of circumstances' which no one could have foreseen and for which 'no one can or should be blamed'.

Querying Mr Pollock's theory about his fall, the barrister said he might have leaned out of the window or even been sleep-walking.

However, Mr Wilson-Smith insisted that the 'only sensible interpretation' of the evidence was that 'this accident was caused because the window was left open'.

An 'open window at that height, without warning, constituted a trap. He was snared by that trap and he sustained his injuries', he told the court.

He said there was not a 'shred of evidence' that Mr Pollock was sleep-walking or believed that he was climbing out of a cabin or hatch on a boat.

Mr Pollock, lost his sight in 1998 at the age of 22 but went on to win bronze and silver medals at the 2002 Commonwealth Games.

He has taken part in extreme marathons and Ironman events and, since his fall, has helped pioneer use of robotic legs..

Mr Pollock's lawyers say he has limited his damages claim to the amount which can be recovered under the Cahills' household insurance.

He had done so with the express intention of ensuring that the couple did not have to pay out themselves.

The amount of his payout has yet to be assessed, but is bound to be a seven-figure sum given the costs of his long-term care.

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