DETERMINED pensioner James McQuaker has scored a “David and Goliath” legal victory over Asda after filling his car with contaminated supermarket fuel.

The 82-year-old, who has undergone a quadruple heart bypass and recently suffered a mild stroke, hopes his persistence will encourage others who may be in the same position.

Mr McQuaker, represented in Court by his 59-year-old niece, June Turner, believes other potential claimants may be put off by the time and potential cost of taking on multinational companies.

The AA and RAC said last night that successful cases involving contaminated fuel were rare.

Mr McQuaker, from Darlington, has also been in contact with a group of motorists from the Spennymoor area who are preparing to take legal action involving a separate case of contaminated supermarket fuel.

He decided to take Asda to court after his Rover 75 broke down when he filled it with diesel at the Whinbush Way store, in Darlington.

He was left with a £601 repair bill after mechanics discovered black sludge containing grit in the tank.

Mrs Turner, of Hartburn, Stockton, who has no legal experience, said her uncle initially complained, only to be advised to raise the issue with the local council.

The case was heard at Middlesbrough County Court last week when Recorder Timothy Stead recorded a verdict in Mr McQuaker’s favour. He ordered Asda to pay the repair bill and £140 court costs.

“Most people would not see a court case through because they are scared of the process, worried about the cost or just fearful of taking on the giants,”

said Mrs Turner.

“My uncle had a quadruple bypass and suffered a mild stroke recently, and even though he was anxious about going to court, he was determined to get a fair deal.

“We are ecstatic to have won. it’s like David and Goliath and we were very nervous.”

Jill Myers, who is involved in the action for the Spennymoor motorists, said she was unable to comment, but applauded Mr McQuaker’s stand.

Mr McQuaker, known as Big Jim, ran Darlington’s Haughton Road Service Station for 30 years, until retiring in 1992.

He nearly always filled his car with diesel at Asda, in Whinbush Way, usually using the same pump.

In June last year, he had trouble with his Rover and took it to a mechanic, who initially solved the problem.

But the car broke down again, and he returned to M Wilson and Co, in Darlington, where the fuel tank was removed and checked.

In a letter to the court, mechanic John Kelly concluded the problem was due to fuel contamination. In a court statement, Stuart Craig, from Asda, said filters – fitted to every pump and checked by a contractor – prevented contamination.

He said it was impossible for the fuel tanks to contaminate “just one of a handful of customers”.

He said: “I do not think there is any way of knowing what could have caused the damage as the fuel has not been tested.”

A spokesman for Asda told The Northern Echo it had yet to receive the verdict and was investigating the complaint.

A spokesman for the AA said new directives meant filling stations had to clean their pumps.

A spokesman for the RAC said: “It is unusual that only one car has been affected.”

Two years ago, supermarkets paid more than £9m in compensation to motorists in the South-East after fuel was contaminated with silicon.