Brighton beautician loses court battle

Posted On 02 Dec 2009 at 9:15 am

A Brighton woman suffered horrific leg injuries in a toboggan accident while on holiday.

But she will go without a penny in compensation after a ruling in the Court of Appeal.

Susan Parker, 45, a beautician from Saltdean, broke both legs when her toboggan crashed into frozen bales of straw at the end of a five-mile run.

Mrs Parker, who suffers from multiple sclerosis, was on a winter break in the Austrian resort of Mayrhofen with her husband and two sons.

After the accident, in December 2003, she had to have a series of operations but still suffers from pain and finds it difficult to stand.

Lord Justice Longmore, Lord Justice Moore-Bick and Lord Justice Patten threw out her claim against TUI, the holiday company, for £200,000 compensation.

The case was an appeal from a hearing at Brighton County Court where Judge Jonathan Simpkiss found that TUI, which traded as Thomson, had not been negligent.

Lord Justice Longmore said: “It is impossible not to have enormous sympathy for Mrs Parker and her family whose holiday turned out to be a disaster, but I agree with the judge and would dismiss her appeal.”

Mrs Parker was represented by Brighton solicitors George H Coles & Co.

The full judgment can be read in the official law report – Parker v TUI UK [2009] EWCA (Civ 1261).

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