Falkirk food poisoning victim awarded £263,534 damages

Tracey Rae’s life – and her health – changed for the worse when she ate a chicken liver and beetroot salad at the Scotch Malt Whisky Society restaurant in Leith back in 2009.

After her dinner the 44-year-old mother-of-two, of Wallace Brae Rise, suffered pain, diarrhoea and began to pass blood. She was diagnosed as suffering from Campylobacter as a result of eating the undercooked chicken livers and later developed irritable bowel syndrome – a condition she still suffers from seven years on.

Mrs Rae sued James Freeman, trading as Saffron Private Catering, who admitted liability and a jury decided the level of damages she would receive following a civil hearing at the Court of Session in Edinburgh.

After a week of evidence and submissions the jury awarded Mrs Rae in excess of £263,000, including £175,000 for future loss of earnings and employability and £50,000 for pain and suffering.

The jury also decided she should receive more than £30,000 for past and future cost of food and dietary supplements.

It was stated Campylobacter bacteria were endemic in poultry, particularly chicken, and that unless they are destroyed during the food preparation process, before human consumption, they are likely to cause severe and long-lasting stomach and bowel problems.

A part-time adult literacy tutor, Mrs Rae admitted the impact on her life had been terrible, that she is in pain on a daily basis and on particularly bad days has to go to the toilet around 20 times.

She told the court: “I can’t have any alcohol and I can’t have any caffeine. I am far more anxious than I was before. The children probably missed out on quite a lot – I was reluctant to go on holidays.”