An allegedly defective soft drinks dispensing machine sparked a fire which caused substantial damage to a Subway food outlet, the High Court heard.
YZ Food Ltd, trading as Subway, was granted permission on Friday by Mr Justice Brian Cregan to serve proceedings outside the jurisdiction against the manufacturers of the machine, Welbilt (Halesowen) Ltd, Drayman’s Way, Newcastle Helix, Newcastle, UK.
It is alleged that a seized motor within the machine, a Welbilt Pulsar 60i (IRE), caused an electrical short circuit and ignited a starter capacitor. This caused fire to spread to PVC and other control components and then spreading in the Subway restaurant in Lower Dorset Street, Dublin, around 5am of July 12th, 2022.
YZ’s case is also against Britvic Ireland Ltd, which owns the machine, and against REL Cooling Services Ltd.
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Making the application for service outside the jurisdiction on Welbilt, Dan O’Mahony BL, for YZ, said the fire caused substantial damage to the premises.
Máire NI Aodha, solicitor with Clyde & Co (Ireland) for YZ, said in an affidavit that following an inspection by representatives of YZ and the defendants, it was determined that the fire started in the Welbilt machine which was manufactured in 2013.
She said she had investigated the matter thoroughly and was satisfied her client had a good cause of action against Welbilt where the investigations “have exposed significant deficiencies with the design and/or maintenance of the machine.
Mr Justice Cregan granted liberty to issue proceedings outside the jurisdiction against Welbilt.
