A 46-year-old woman, who was left paralyzed after falling from a super-king size bed during sex, has reportedly sued the bed manufacturer £1million (N480,877,124 ).
The woman, Claire Busby, suffered spinal injuries when she fell backward from the bed while switching position during sex.
She appeared at the High Court London in a wheelchair yesterday, where she is taking legal action against Berkshire Bed Company trading as “Beds Are Uzzz”.
The court heard the bed was one of five delivered to Ms Busby’s then home in August 2013 when she was renovating the property in Theresa May’s constituency.
Ms Busby, a successful businesswoman in the property industry, was injured just a week after the bed’s delivery.
She told the court that she was kneeling in the middle of the bed performing a sexual act on her ex-partner, John Marshall, when she decided to move position and “swung her legs” from underneath her, before laying back on the bed.
At that point, she said the bed gave way and she fell off the end, landing dangerously on her head.
She said: “I was positioned kneeling over him and my right hand was touching him, maybe my left hand was touching his leg. I was half way down the bed.
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”.
The mother of four claimed that the bed was missing two vital “glider” feet when it was delivered, which in turn created a 4cm difference in the height from one side to another.
Claire Busby’s former partner, John Marshall, told the court: “I recall that we had been making love and that Claire was on top of me, facing me.
She sat up and rose off me, intending to sit back on her bottom, when she seemed to just roll of the bed.
As Claire went to sit down beside me she just carried on going. I remember the image clearly of her falling off the bed with her feet in the air.
It was one of those rolls that you see in life in slow motion. She came up slowly and sat back and kept rolling backwards.”
He added: “I did not see how she landed and, at first, I laughed, not realising that she had hurt herself.
I was expecting her to get up and, when she didn’t, I laughed and said ‘get up’. But she said that she had hurt herself.
When I got up to look over the end of the bed, she was lying on her side with her arm underneath her.
She said that she could not feel her arms and legs. I thought she was joking and laughed.
She told me again that she had hurt herself and to call an ambulance. I called 999 and it seemed to take forever for an ambulance to arrive.
She was lying naked on the floor so I took the duvet off and covered her up. I did not move her because she told me not to.
After paramedics arrived, I remember that we had to move the bed in order to get Claire onto a stretcher, which took a while.
The paramedics eventually managed to get Claire out and take her to hospital where I remained with her for 3 or 4 days solid.”
Mr Marshall added: “I remember that the bed was new and Claire had mentioned that there was something wrong with it.
He confirmed that he and Mrs Busby ‘are no longer together’, but added: ‘This was the worst thing that had ever happened to me in my life and affected me very badly.’
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 do so and she continued moving “backwards and downwards”.
He told the court: “It is the claimant’s case that the point at which she left the bed is precisely the location where the different height of the two divans was at its maximum.
“It represented the area where the mattress was most likely to ‘fall away’ due to the fact that it was partially unsupported.”
Mr Hunter said it was accepted that the particular circumstances of the accident are unusual, but it was enough for there to have been “some foresight of some loss of balance in the use of the bed” for the firm to be found liable.
The bed company has denied all the blame for the incident, with its lawyers arguing the bed was properly assembled at the time of delivery. They also said 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.
Neil Block QC, for the firm, said: “It is overwhelmingly likely that, whatever her actions, they were too close to the edge of the bed and she simply lost balance and toppled backwards.”
The hearing at the High Court continues.
Source: Daily Mail