Woman paral­ysed in fall dur­ing sex loses claim

Irish Independent - - World News - Dean Gray BERK­SHIRE

A WOMAN left paral­ysed af­ter be­ing “cat­a­pulted” from her new bed dur­ing a sex act has lost her seven-fig­ure claim for dam­ages against the bed sup­plier.

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.

The 46-year-old claimed the bed was in a “de­fec­tive state” at the time of her ac­ci­dent and took le­gal ac­tion against Berk­shire Bed Com­pany, trad­ing as Beds Are Uzzz, which sup­plied it. But, re­ject­ing her case, Judge Barry Cot­ter found the bed was “not de­fec­tive” and that Ms Busby’s fall was a “tragic ac­ci­dent”.

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.”

The judge said he was not sat­is­fied the bed was “de­fec­tive”, even tak­ing into ac­count “rea­son­ably fore­see­able mis­use”.

He added: “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.”

Dur­ing the trial, the court heard that Ms Busby was in­jured a week af­ter the bed’s de­liv­ery while hav­ing sex with her then part­ner, John Mar­shall. She told the court she was kneel­ing in the mid­dle of the bed per­form­ing a sex act when she de­cided to move po­si­tion and “swung her legs” from un­der­neath her, be­fore ly­ing back on the bed with her head to­wards the bot­tom end.

At that point, she claimed, the bed gave way and she top­pled off the end, land­ing on her head.

Un­for­tu­nate: Claire Busby was paral­ysed by the fall from the bed while she was hav­ing sex with her part­ner

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