Court rejects woman's claim faulty bed left her paralyzed during sex

Postado Novembro 11, 2018

Claire Busby, 46, suffered spinal injuries when she landed on her head after shifting position and falling from the super king-size double divan.

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

Claire Busby was left paralysed after being "catapulted" from her new bed during sex.

But, rejecting her case, Judge Barry Cotter found the bed was "not defective", even taking into account "reasonably foreseeable misuse".

Ms Busby, who used to work in the property sector, was injured a week after the bed's delivery while having sex with her then partner John Marshall.

The 46-year-old mom said the bed was in a "defective state" because of its construction, which caused it to collapse and injure her, The Sun reported.

She told the court she was kneeling in the middle of the bed performing a sex act when she chose to move position and "swung her legs" from underneath her, before lying back on the bed with her head towards the bottom end.

Busby said: "I spun around, I put my hand down and then I felt like I was catapulted off the back of the bed".

She was kneeling and chose to change positions when she claims the bed launched her.

The mom-of-four said she also hit her head on the floor and heard "like a spring in my body snap".

Mr Marshall said he had been badly affected by the accident, which he had initially laughed off.

The company denied liability for Busby's injuries and contested the case, insisting the bed was properly assembled.

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". She said she could not feel her arms and legs.

"Having carefully considered the totality of the evidence I am not satisfied that the difference in level between the two divans played any part in Ms Busby's loss of balance", the judge said.

'We are sorry that Ms Busby was injured and we wish her and her family well for the future'.