Mr. Akindele Joseph Apara, former employee of a private company who claimed that he took ill after he allegedly and unknowingly drank contaminated Smirnoff Ice drink, a product of Guinness Nigeria Plc, has instituted an action before an Ikeja High Court, Lagos, claiming damages against Guinness Nigeria Plc for negligence and lack of duty of care in the production of Smirnoff.
In his statement of claim on the suit which is before Justice Bola Okikiolu-Ighile, Mr Apara (claimant) averred that on November 23, 2007, he hosted a friend at a fast food restaurant known as 50:50 Bars & Grills at Isawo Road, Ikorodu and bought two bottles of Smirnoff  Ice drink for both of them.
He stated that few minutes after taking the drink, he began to feel uncomfortable with stomach upset which forced him to visit the toilet of the fast food restaurant more than three times, adding that he started feeling giddy. He said he was baffled at the sudden change of his health although he had left his home hale and hearty. He was compelled to look closely at the remaining content of the Smirnoff drink and there and then, discovered that there were some foreign materials in the bottle in the form of some slippery, brownish substances. The astonishing discovery compelled him and his friend to look at the second bottle which was yet to be opened and again, it equally had similar foreign substances.
The claimant averred that the Smirnoff Ice drink he took caused him serious illness to the extent that he began incessant passage of loose/watery, blood-streaked, mucous stools with severe abdominal pains, cramps and fever. According to Apara, he vomited intermittently for about two days despite the medicines he took, and in order to save his life which rushed to Ajike-Sanda Memorial Medical Centre where he was immediately placed on admission, adding that the sum of N85,000 was immediately paid as deposit for his treatment.
He said that at the hospital, he was subjected to intense medical examination, investigations, various medical and laboratory tests and diagnosis after which  his case was said to be gastro-enteritis damage from food poisoning. He claimed that he was in the hospital for about three weeks where he was placed under intense medical care and at the end of which he was discharged as outpatient with regular appointment to see the doctors.
He stressed that he incurred huge medical bills for his treatment and bought drugs to sustain himself, adding that the ill health which caused his frequent absence from work caused his employer to terminate his appointment in January 2008.
Mr. Apara stated that after his discharge from the hospital, he instructed his solicitors to write Guinness Nigeria Plc, expressing his grievances and demanding financial compensation in view of the damage he suffered to his health but the defendant refused and or failed to respond to his demand nor reply the letter. He submitted that apart from the first hospital where he was admitted and treated, he was rushed to Olive Medical Centre and Maranatha Medical Laboratory Services both in Ilesha, Osun State on different times for medical analysis and treatment.
Stating particulars of negligence against the defendant, Apara contended that the defendant was in total control of the process of producing the Smirnoff Ice drink as a producer of a consumable item, owes a duty of care to him and the public to be diligent and apply utmost care and caution in the production of the drink. He averred that Guinness Nigeria has failed and or neglected in its duty of utmost care which has caused him severe pains, suffering and injury to his health.
Consequent upon the neglect, the claimant is seeking a declaration that Guinness was negligent and did not employ utmost care in the production of Smirnoff Ice drink he bought on November23, 2007; a declaration that his illnesses were the direct result of the contamination and particles contained in the said Smirnoff Ice drink he bought. Besides, he is claiming the sums of N979,580 and N1 million, respectively against the defendant as special, exemplary and general damages.
However, in its statement of defence, Guinness Nigeria Plc debunked the claim by Apara that the Smirnoff Ice drink he allegedly took on November 23, 2007 or at any other time caused him uncomfortable feelings, illness, stomach cramps which made him to visit the toilet.
 The defendant posited that the alleged Smirnoff Ice drink bought and consumed by the claimant could have been a bottle of adulterated or fake ‘Smirnoff’ Ice which was not produced by the company, denying further that the bottle of Smirnoff allegedly consumed by the claimant which purportedly contained foreign elements, slippery, brownish substances was its product.
Furthermore, Guinness debunked the claim of the claimant that its product which he allegedly consumed on November 23, 2007 caused him serious illness to the extent of being admitted in Ajike-Sanda Memorial Medical Centre for gastro-enteritis damage from food poisoning. Besides, the company denied being negligent in the production of its product. It added that its products are ensured to be wholesome, safe and fit for consumption before they are marketed, maintaining that the methods employed in the production and bottling of its products, including Smirnoff Ice drink are such that it would be impossible for the claimant or any other person to discover foreign materials or substances of any type in any of its products.
Moreover, defendant pointed out that the quality of its products is certified by Standard Organization of Nigeria (SON), adding that all its certifications are valid as the Quality Management System and Food Safety Management System of all its products has been certified to be in conformity with NIS ISO. The company contends that the claimant has not disclosed any cause of action against it and has also failed to show that he suffered any damage or damage on account of the defendant, submitting also that the claimant is not entitled to a declaration that the company was negligent and did not employ utmost care; that he is not also entitled to claim for any damages whatsoever in any amount.
In view of its defence, the defendant urged the court to dismiss the claimant’s claim with substantial cost, contending that the suit is frivolous, gold-digging, speculative and lacked merit.  The matter came up last week for mention and was further adjourned for further direction.