happened to anyone -- whether they had been drinking or not.

That was the claim yesterday from lawyer Mr. David Kessaram, representing widow Mrs. Carol Morris in her compensation battle with the club.

Mr. Morris plunged from a 16-foot balcony wall in 1987 while his stepson Brian was playing cricket. He was later declared brain dead by doctors.

The Supreme Court hearing has been told Mr. Morris had about nine beers the day he fell. It is believed he slipped from the wall after losing his grip on a bottle of beer and trying to catch it.

The club claims excessive drinking may have played a part in the accident. But yesterday, Mr. Kessaram told the court: "It is significant that not one of the witnesses testified that either Mr. Morris' judgment was impaired, or his speech was slurred, or his co-ordination was affected.

"My submission is that it could have happened to anyone, no matter what their state of sobriety was. It was a reflex action anyone would have taken, to try to retain a grasp of the bottle.'' Knowing members regularly declined to take chairs onto the balcony, the club should have put a railing along the top of the wall to prevent people sitting on it.

"If the club had erected a railing he would not have sat on the wall and he would not have fallen.'' The wall, 15 feet from the bar, was an inducement for people to sit on it, said Mr. Kessaram. There was evidence it was not uncommon for patrons to drink a lot.

The club could also have provided seating on the balcony or put up a warning sign.

"It did not take sufficient steps that would have been reasonable in the circumstances to ensure that Mr. Morris was reasonably safe.'' Although Mr. Morris might have been guilty of some lack of care, the club was responsible for the fall, said Mr. Kessaram.

The hearing, to decide if the club is liable for the accident, is now over.

Puisne Judge the Hon. Mr. Justice Ground will give his judgment later.