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| Woman 'catapulted' off bed during sex and paralysed loses claim | Woman 'catapulted' off bed during sex and paralysed loses claim |
| (2 months later) | |
| A woman left paralysed after being “catapulted” to the floor during sex has lost a high court damages claim against the company that supplied her bed. | A woman left paralysed after being “catapulted” to the floor during sex has lost a high court damages claim against the company that supplied her bed. |
| Claire Busby, of Maidenhead in Berkshire, sustained a serious injury to her spine when she fell from the super-king-size double divan as she shifted position. | Claire Busby, of Maidenhead in Berkshire, sustained a serious injury to her spine when she fell from the super-king-size double divan as she shifted position. |
| Busby, 46, had alleged the bed was defective and claimed a seven-figure sum from the Berkshire Bed Company, trading as Beds Are Uzzz, which supplied it. But announcing his judgment in Bristol, the judge, Barry Cotter, said he had concluded the incident was a “tragic accident” and that the claim had failed. | Busby, 46, had alleged the bed was defective and claimed a seven-figure sum from the Berkshire Bed Company, trading as Beds Are Uzzz, which supplied it. But announcing his judgment in Bristol, the judge, Barry Cotter, said he had concluded the incident was a “tragic accident” and that the claim had failed. |
| Cotter said he was not satisfied the bed was defective, adding: “It required a most unfortunate and unusual combination of positioning on the bed and movement which I do not believe would have been foreseeable by any reasonable person prior to the incident.” | Cotter said he was not satisfied the bed was defective, adding: “It required a most unfortunate and unusual combination of positioning on the bed and movement which I do not believe would have been foreseeable by any reasonable person prior to the incident.” |
| A high court hearing in London last month was told the bed was delivered to Busby’s home in August 2013 when she was renovating the property. She was injured while having sex with her then partner, John Marshall. | A high court hearing in London last month was told the bed was delivered to Busby’s home in August 2013 when she was renovating the property. She was injured while having sex with her then partner, John Marshall. |
| She told the court that the bed gave way as she lay back with her head towards the foot of the bed and she toppled off the end, landing on her head. | She told the court that the bed gave way as she lay back with her head towards the foot of the bed and she toppled off the end, landing on her head. |
| Busby 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, it felt like.” | Busby 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, it felt like.” |
| She alleged that the two divans which made up the base of the bed were not properly fastened together and two “gliders” or feet were missing from the end of the bed, creating a height difference between one end and the other. | She alleged that the two divans which made up the base of the bed were not properly fastened together and two “gliders” or feet were missing from the end of the bed, creating a height difference between one end and the other. |
| Marshall told the court how he initially found it funny before he realised the horror of his partner’s injuries. “She said that she could not feel her arms and legs. I thought she was joking and laughed,” he said. | Marshall told the court how he initially found it funny before he realised the horror of his partner’s injuries. “She said that she could not feel her arms and legs. I thought she was joking and laughed,” he said. |
| The company denied liability for Busby’s injuries and contested the case, insisting the bed was properly assembled. | The company denied liability for Busby’s injuries and contested the case, insisting the bed was properly assembled. |
| After the ruling, Richard Manders, the director of Berkshire Bed Company, said: “We are sorry that Ms Busby was injured and we wish her and her family well for the future. Our beds and mattresses can be trusted to provide comfort and are perfectly safe.” | After the ruling, Richard Manders, the director of Berkshire Bed Company, said: “We are sorry that Ms Busby was injured and we wish her and her family well for the future. Our beds and mattresses can be trusted to provide comfort and are perfectly safe.” |
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