Ruling in case of woman suing bed company after fall during sex session

PIC: PA
PIC: PA

A woman left paralysed after being “catapulted” from her new bed during sex will find out whether she has won her seven-figure damages claim against the bed suppliers.

Claire Busby suffered a serious injury to her spine when she fell from the super king size double divan as she shifted her position.

The 46-year-old claims the bed was in a “defective state” at the time of her accident and brought legal action against Berkshire Bed Company, trading as Beds Are Uzzz, which supplied it.

At a High Court hearing in London in October, Judge Barry Cotter was asked to determine whether there were defects with the bed and whether Ms Busby’s “tragic injuries” were caused or contributed to by them.

The firm denied liability for Ms Busby’s injuries and is contesting the case, arguing the bed was properly assembled.

Judge Cotter will deliver his ruling on the case on Friday.

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

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.

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 laying back on the bed with her head towards the bottom end.

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

She said: “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.”

Ms Busby alleges that the two divans which made up the base of the bed were not properly fastened together and two “gliders” - or feet - were missing from the end of the bed, creating a height difference between one end and the other.

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 and she continued moving “backwards and downwards”.

Lawyers for the bed company argued it was properly assembled at the time of delivery and 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.