A FAMILY who took legal action against Scotland's five-star Gleneagles hotel over a major norovirus outbreak have won an out-of-court settlement.
Airport supervisor Gary Philp, 60, his wife Margaret, 60, and his 84-year-old mother Mary, who has since passed away, fell ill after eating an £80 two-course meal at the luxury golf resort's Dormy Clubhouse restaurant in May 2012.
The couple reached an agreement with Gleneagles, which hosted last year's Ryder Cup, prior to the evidence being heard at Perth Sheriff Court after they lodged a claim for £5,000 plus court expenses last year.
Nine staff and around 30 guests suffered symptoms of the vomiting bug and Mr Philp claimed the hotel failed to act in time to deal with the outbreak properly after he, his wife and elderly mother suffered severe sickness and diarrhoea after sharing a prawn cocktail.
The Dunfermline family's ordeal was a test case for other guests lodged by Thompsons Solicitors at Perth Sheriff Court against Gleneagles.
Father-of-one Mr Philp said he was appalled the hotel failed to shut the restaurant down even though they told him six members of kitchen staff had called in sick that same day.
When he spoke exclusively to The Herald last year, he said he felt "bitter and disappointed" that a top class hotel like Gleneagles with its great reputation and hosting the Ryder Cup could treat their customers like that.
He added: "Our meal seemed to take ages to come and the supervisor told us the reason for this was that six members of staff had called in sick that morning.
"What really sticks in my throat is that they've never said sorry to us or admit that their restaurant caused it.
"It was two weeks of purgatory for us and my mother, in particular, was in a terrible state. She was so ill we could have lost her. It's a shame because Gleneagles was my mum's favourite place."
A proof in the case was scheduled to be heard yesterday but the court was told that a settlement had been reached behind closed doors.
Gleneagles lawyers initially defended the small claim and stated that staff at the hotel acted appropriately in response to the outbreak of the winter vomiting bug.
The hotel's solicitor Ian Leach said: "The defenders became aware in the early afternoon of 27 May [2012] that a number of guests and staff had reported symptoms of sickness.
"In the course of 27 May nine staff and approximately 24 reported sickness. Thereafter, on 28 May, a crisis team was convened to deal with the outbreak.
"The defenders position is that they took reasonable steps, on becoming aware there had been a viral outbreak, to prevent any spread of the outbreak, and to protect their customers, guests and employees.
"They took all reasonable steps in the exercise of their duty of reasonable care towards such guests as the pursuer."
Mr Philp declined to comment following the agreement.
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