Woman hurt dur­ing sex loses ‘faulty bed’ claim

Scottish Daily Mail - - News - Daily Mail Re­porter

A BEAUTY salon boss left paral­ysed af­ter be­ing ‘cat­a­pulted’ from her new bed dur­ing sex has lost her sev­en­fig­ure claim for 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 changed po­si­tion.

The 46-year-old was hav­ing an af­fair with wealthy Scots busi­ness­man John Mar­shall, from Alloa, Clack­man­nan­shire.

She claimed the bed was in a ‘de­fec­tive state’ at the time and took le­gal ac­tion against Berk­shire Bed Com­pany, trad­ing as Beds Are Uzzz, which sup­plied it.

But, an­nounc­ing his de­ci­sion on Fri­day, Judge Barry Cot­ter found the bed was ‘not de­fec­tive’ and that Miss Busby’s fall was a ‘tragic ac­ci­dent’.

Dur­ing the trial, the court heard that the bed was one of five de­liv­ered to Miss Busby’s then home, Rose­wood House, in Maiden­head, in Au­gust 2013 when she was ren­o­vat­ing the prop­erty.

Miss Busby was in­jured a week af­ter the bed’s de­liv­ery while hav­ing sex with her then part­ner, Mr Mar­shall.

Mr Mar­shall, 55, has since mar­ried his third wife and lives on the out­skirts of Stir­ling.

Miss Busby told the court she was kneel­ing in the mid­dle of the bed when she de­cided to move po­si­tion.

She ‘swung her legs’ from un­der­neath her, be­fore ly­ing back on the bed with her head to­wards the bot­tom end.

‘I spun around, I put my hand down and then I felt like I was cat­a­pulted off the back of the bed,’ she said.

Richard Man­ders, di­rec­tor of Berk­shire Bed Com­pany, said: ‘We are de­lighted the court has ruled in our favour. We are sorry Miss Busby was in­jured and we wish her and her fam­ily well for the fu­ture.’

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