Family of man who died after catching Legionnaires to sue hotel for £800,000

STV
Sue: Mr Warnes' family is claiming it has suffered loss and damage as a result of his death.© STV

The family of a man who died after contracting Legionnaires' disease while staying at a hotel in Angus to celebrate his 60th birthday are suing the company for more than £800,000.

Edward Warnes and his partner Rosemary Powell were exposed to bacteria which can cause the disease during a holiday at Piperdam Golf and Leisure resort in Fowlis.

The couple returned to England where Mr Warnes died in hospital after their visit in 2008.

Ms Powell, 55, of Carlton Colville, Lowestoft, Suffolk, is now suing the resort firm along with the support of Mr Warnes' daughters Emma Warnes, 40, and April Bunn, 36, in an action at the Court of Session in Edinburgh. The firm is contesting the action.

On Wednesday Lord Kinclaven decided that the case can be heard by a civil jury rather a judge sitting on his own. The family claim that Mr Warnes was exposed to Legionella bacteria in a shower and hot tub during a stay at a lodge at the resort centre between March 28 and April 4, 2008.

Piperdam resort was fined £120,000 at Forfar Sheriff Court earlier this year after pleading guilty to breaches of health and safety legislation over the outbreak.

Mr Warnes’ family maintain that as a result of the fault of the resort firm, relatives have suffered loss and damage. Ms Powell and Mr Warnes were very close and had been together since 1988, it is said.

Ms Powell claims she had been deprived of his society, lost financial support and services he provided such as decorating, gardening and DIY. Ms Powell alleges that as a result of exposure to Legionella bacteria she developed Pontiac fever, which causes flu like symptoms.

Mr Warnes' condition deteriorated and he suffered severe chest pain, breathing problems and headaches. He was confused and suffered lack of co-ordination.

He was admitted to hospital days after the stay at the resort but his condition deteriorated and he had to be sedated before dying on April 11, 2008.

Piperdam maintains it is not liable for reparation to the family members over the death and claims that the sums sued for are excessive.