Joey Hutchinson paralysed in Ibiza fall wins damages bid

Joey Hutchinson (right) made his Blues debut in 2001

An ex-footballer left paralysed in a fall at an Ibiza club can make an £8.5m claim for damages, a court has ruled.

Joey Hutchinson was found floating in a pool at the O Beach Ibiza in San Antonio in June 2016, after falling or diving in and hitting his head.

The 37-year-old, from Middlesbrough, who played for Birmingham City in 2001-02, suffered spinal injuries and now requires 24-hour care.

He has launched legal action against club operator Ice Mountain Ibiza SL.

The firm lists Gary Lineker's nephew Duane Lineker among its directors. Mr Hutchinson is also seeking damages from the firm's Spanish insurers.

English courts

Last month lawyers for the club argued at a High Court hearing that the matter should be dealt with in Spain.

But Mrs Justice Andrews concluded that the case could proceed in the English courts.

The judge said Ice Mountain was "deliberately targeting" British tourists with its promotions, and therefore could not avoid consumer protection legislation.

She added: "I am satisfied by Mr Hutchinson that he has a good arguable case that one of the special jurisdictional exceptions to the general rule that a party should be sued in the courts of his own domicile applies to each defendant."

In her ruling, the judge said Mr Hutchinson had "no recollection" of the circumstances leading to the accident, and CCTV footage of the pool area was no longer available.

'Critical footage'

She said that, in a witness statement, Duane Lineker said he saw CCTV after the incident and that Ice Mountain must therefore have been aware that a "serious accident" had happened.

However, she added: "Despite this, it appears nothing was done to prevent the critical footage from being automatically overwritten, which Mr Lineker states happened after 14 days."

Mr Hutchinson alleges Ice Mountain Ibiza owed him a duty of care and also breached Spanish consumer protection law.

He was a centre half and was part of the Blues squad that won promotion to the Premier League in 2002.

He later had spells at Darlington and York City before working as a welding inspector.

Ice Mountain Ibiza and its insurers deny liability.