Plymouth Businessman Wins Skiing Accident Case
Plymouth businessman, and father of two, Graham Anderson who was tragically paralysed in a skiing accident in 2004 has today won a liability Trial in the High Court
(Vocus) November 17, 2008
Plymouth businessman, and father of two, Graham Anderson who was tragically paralysed in a skiing accident in 2004 has today won a liability Trial in the High Court (2008) EWHC 2790 (QB).
Mr. Anderson and family were on holiday in the French Alps resort of Puy St Vincent, where he was taken off piste by a skiing instructor. As he skied down a steep slope, he lost control, hitting a tree, and as a result of his injuries is now tetraplegic. His case alleged that the tour operator 'Snowbizz' was in breach of the terms of the holiday contract or common law duty of care.
The High Court judgment by Mr. Justice Foskett held that Mr. Anderson could recover damages for past and future costs of care and equipment, accommodation and therapy.
Andrew Warlow who is in charge of the Head and Spinal Injuries Unit at Wolferstans Solicitors who represented Mr Anderson commented, "The purpose of Mr Anderson's claim was to enable him to regain some level of independence. We are all thankful that the case has been resolved in his favour. Whilst we accept that any skiing holiday exposes you to the possibility of injury, with the limited skiing experience he had, Mr. Anderson should never have been taken down the slope where he had his accident which was not only off piste but too steep for him. As a result of this mistake his life has been irrevocably damaged and whilst compensation can do nothing to recover what he has lost, I hope it will make his future life easier."
Mr. Anderson stated, "It was an accident that should never have happened. The resulting spinal cord injury has left me severely paralysed with extremely limited levels of function. For the rest of my life I am confined to a wheelchair and need help with health care and many activities of daily living. My family life has been devastated by the accident."
"Having received excellent medical treatment and rehabilitation at the Salisbury Spinal Injury Centre and with determination and support I have been able to remain quite active and even return to work on a part-time basis. I now hope that it will be easier for me to lead a more fulfilling life and enjoy a better quality of life with my children. I also pledge support to Spinal Research in the hope that in future cases the effects of spinal cord injury may be diminished or eliminated."
"I am most grateful to the legal team at Wolferstans Solicitors, headed by Andrew Warlow and to the advocacy of Christopher Wilson-Smith, QC and Harry Trusted of Outer Temple Chambers."
At the close of the trial Mr Anderson was complimented by the late Richard Davies QC for the Defendant who said of Mr Anderson that "he was palpably a man of truth and honesty and had shown immense good humour and dignity in the way he had borne himself."
For more information visit www. wolferstans. com
For further information contact:
Simon Whittam at SWPR
01752 823414
Simon @ swpr. org. uk
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