A woman left paralysed after being "catapulted" from her bed during sex has lost a High Court bid for seven-figure damages against the bed supplier.
Claire Busby, of Maidenhead, Berkshire, suffered a serious injury to her spine when she fell from the super king size double divan as she shifted her position.
The 46-year-old claimed the bed was in a "defective state" at the time of her accident and brought legal action against Berkshire Bed Company, trading as Beds Are Uzzz, which supplied it.
But a judge described it as a "tragic accident", and said Mrs Busby was in an "unusual" position when it happened.
At a High Court hearing in London in October, Judge Barry Cotter was asked to determine whether there were defects with the bed and whether Ms Busby’s "tragic injuries" were caused or contributed to by them.
She fell backwards onto her head and back as she set about changing positions after performing a sex act on partner John Marshall.
Giving evidence at the High Court, she said: "I spun around, I put my hand down and then I felt like I was catapulted off the back of the bed.
"My head hit the floor, I fell to the side and then I heard like a spring in my body snap."
“I thought it was funny at first and said to her to get up, but she said she had hurt herself,” Mr Marshall told the judge.
As she lay helpless at the foot of the super king-size bed, he did his best to help paramedics when they arrived at her home in Maidenhead.
Mrs Busby claimed the bed was missing two feet, or “gliders”, when delivered to her home, creating a hazardous “slope”.
But the company denied all liability, insisting that the bed was properly assembled, complete with gliders, when supplied to her.
Her barrister Winston Hunter QC said she expected the mattress to support her weight as she lay back on the bed, but that it failed to and she continued moving "backwards and downwards".
But, rejecting her case, Judge Barry Cotter found the bed was "not defective" and that Ms Busby’s fall was a "tragic accident".
He said she was in an "unusual position" towards the foot of the bed and kneeling back on her feet.
Judge Cotter said she had no means of support, other than placing her arm down on the bed, as she attempted to swing her legs around from underneath her in what was "not an easy manoeuvre".
He added: "Having carefully considered the totality of the evidence I am not satisfied that the difference in level between the two divans played any part in Ms Busby’s loss of balance backwards.
"Rather, I am satisfied that this was a simple but tragic fall; she simply overbalanced probably in part because she was sitting on a mattress as opposed to a firm surface, and underestimated the amount of give underneath her body."
Announcing his decision on Friday, the judge said: "As a result of the matters set out above, the claim in relation to this tragic accident, which is what I find it was, a simple accident, fails."
During the trial, the court heard that the bed was one of five delivered to Ms Busby’s then home, in August 2013 when she was renovating the property.
Ms Busby, who used to work in the property sector, was injured a week after the bed’s delivery.
Richard Manders, director of Berkshire Bed Company, said: "We are delighted the court has ruled in our favour.
"We are sorry that Ms Busby was injured and we wish her and her family well for the future."
Top news stories from Mirror Online
Source: Read Full Article