As she was changing position while having sex on a super king size double divan in her home, 46-year-old Claire Busby from Maidenheard, Berkshire, suffered a pretty serious injury to her spine as she fell off. The mother claimed that the bed was in a "defective state" when the accident occured and even went so far as to take legal action against the Berkshire Bed Company, which was trading as Beds Are Uzzz, looking to get £1million in damages.
Unfortunately for Busby, Judge Barry Cotter threw out the case at the high court after finding out that the bed was "not defective" and that her fall was just a "tragic accident". The Daily Star reported that he described the accident as needing an "unfortunate and unusual combination of positioning on the bed and movement".
During the trial, the jurors heard that the bed had been one of five that were delivered to Busby's former home in Rosewood House, Ockwells Road, Maidenhead, in August 2013 when she decided to renovate the home. Busby used to work in the property sector and was injured just a week after the beds arrived while having sex with John Marshall, her partner.
She told the court that she had been in the middle of the bed performing a sexual act on Marshall when she chose to change positions and "swung her legs" from underneath her body before lying on the bed with her head towards he bottom of it. She claimed in the court that it was at this point that the bed started giving way and she was "catapulted" off it and landed on her head.
Busby said during the hearing: "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."
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Busby also alleged that two of the divans, which were supposed to make up the base of the large bed, were not properly attached together and that the two "gliders" or feet were missing from that end of the bed entirely. The mother said that this is what caused the bed to have such a big difference in height between both ends.
Winston Hunter QC, Busby's lawyer, said that she thought the mattress would be able to support her weight as she lay back on it but it failed to do so and kept moving "backwards and downwards".
Marshall, Busby's former lover, said that he saw the woman roll backwards right off the bed with her feet in the air "in slow motion". He also said that he laughed before he realized that something was not right.
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Judge Cotter said when rejecting her case: "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." He wasn't satisfied with the reason as the bed being "defective" and even took into account the "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."
Director of the Berkshire Bed Company, Richard Manders, said in a statement: "We are delighted the court has ruled in our favor. We are sorry that Ms. Busby was injured and we wish her and her family well for the future. We look forward to continuing to supply quality products to our many valued customers. Our beds and mattresses can be trusted to provide comfort and are perfectly safe."
As she was changing position while having sex on a super king size double divan in her home, 46-year-old Claire Busby from Maidenheard, Berkshire, suffered a pretty serious injury to her spine as she fell off. The mother claimed that the bed was in a "defective state" when the accident occured and even went so far as to take legal action against the Berkshire Bed Company, which was trading as Beds Are Uzzz, looking to get £1million in damages.
Unfortunately for Busby, Judge Barry Cotter threw out the case at the high court after finding out that the bed was "not defective" and that her fall was just a "tragic accident". The Daily Star reported that he described the accident as needing an "unfortunate and unusual combination of positioning on the bed and movement".
During the trial, the jurors heard that the bed had been one of five that were delivered to Busby's former home in Rosewood House, Ockwells Road, Maidenhead, in August 2013 when she decided to renovate the home. Busby used to work in the property sector and was injured just a week after the beds arrived while having sex with John Marshall, her partner.
She told the court that she had been in the middle of the bed performing a sexual act on Marshall when she chose to change positions and "swung her legs" from underneath her body before lying on the bed with her head towards he bottom of it. She claimed in the court that it was at this point that the bed started giving way and she was "catapulted" off it and landed on her head.
Busby said during the hearing: "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."
Marital Affair Uncovered After Woman Paralyzed In Freak Accident Sues Bed Company - lifedai.ly/2zvC3IP
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Busby also alleged that two of the divans, which were supposed to make up the base of the large bed, were not properly attached together and that the two "gliders" or feet were missing from that end of the bed entirely. The mother said that this is what caused the bed to have such a big difference in height between both ends.
Winston Hunter QC, Busby's lawyer, said that she thought the mattress would be able to support her weight as she lay back on it but it failed to do so and kept moving "backwards and downwards".
Marshall, Busby's former lover, said that he saw the woman roll backwards right off the bed with her feet in the air "in slow motion". He also said that he laughed before he realized that something was not right.
New post (Woman Paralyzed After Falling Off Bed During Lovemaking, Sues Bed Company For £1m (pic of the woman inset)) has been published on Olumuyiwa's Blog - olumuyiwa.com.ng/2018/10/20/wom…
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Judge Cotter said when rejecting her case: "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." He wasn't satisfied with the reason as the bed being "defective" and even took into account the "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."
Director of the Berkshire Bed Company, Richard Manders, said in a statement: "We are delighted the court has ruled in our favor. We are sorry that Ms. Busby was injured and we wish her and her family well for the future. We look forward to continuing to supply quality products to our many valued customers. Our beds and mattresses can be trusted to provide comfort and are perfectly safe."
