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).
