Woman paralysed in fall during sex loses claim

Remigio Civitarese
Novembre 11, 2018

Claire Busby, of Maidenhead, Berkshire, England, suffered a serious injury to her spine when she fell from the super king-size double divan as she changed position.

Lawyers for the bed company argued it was properly assembled at the time of delivery and that, even if the two gliders were missing by the time of the accident, that would not have caused the bed to lose balance in the way suggested by Ms Busby.

Cotter rejected Busby's case against the Berkshire Bed Company, which runs the Beds Are Uzzz store, finding that the bed was "not defective".

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.

"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 in court, according to The Guardian.

She was kneeling and made a decision to change positions when she claims the bed launched her.

Busby's former lover John Marshall said he saw her roll backwards off the bed with her feet in the air "in slow motion" - laughing before he realised something was badly wrong.

The judge said Ms Busby 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".

But the high court concluded the bed was "not defective" and the "simple accident" was the result of "a most unfortunate and unusual combination of positioning on the bed and movement".

"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".

Richard Manders, director of Berkshire Bed Company, said after the ruling that he was "delighted" with the verdict.

During the court case, the court heard the bed was one of five delivered to Ms Busby's then home, Rosewood House in Ockwells Road, in August 2013 when she was renovating the property.

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