A CAR passenger is suing her dead partner’s insurer for £5 million after the firm claimed he was driving too fast when he crashed, leaving her with severe injuries.
Christina Vibert, 29, had to be resuscitated by medics after Ross Graham’s Honda CRX, in which she was travelling, crashed into an HGV lorry’s trailer in Edinburgh.
Mr Graham died after the car became trapped beneath the trailer and Ms Vilbert, who was wearing a seatbelt, was trapped inside.
She was in a coma for a month, suffered facial fractures and a brain injury.
They had been driving to an Ikea store to buy furniture for their new baby when the crash happened on the B701 in Wester Hailes on January 6, 2013.
Ms Vibert has now launched an action at the Court of Session in Edinburgh that is being contested by Zenith Insurance.
The company alleges: “The vehicle was driven by her partner, the deceased. He was driving at excessive speed for the conditions and the road layout.”
The firm claimed Mr Graham failed to give way at a junction and collided with a DAF XF heavy goods vehicle.
The insurer says he had taken cannabis and Ms Vibert should not have got into the car with him.
Ms Vibert underwent lengthy surgery after the crash because of the extensive fractures to her face and was later transferred to a specialist hospital for rehabilitation, which continued into 2014.
It is said her present home in the capital is unsuitable for her needs because it lacks space and is not wheelchair accessible.
Ms Vibert can move slowly over very short distances with the aid of a crutch or walking stick, but needs a wheelchair for longer distances. She has difficulties with communication and a left-sided weakness and has memory and concentration problems.
“She required and for the remainder of her life will require assistance with the normal activities of daily living,” it is said.
Before the crash she gained a qualification in hairdressing with the intention of pursuing a career in hairdressing and beauty treatments.
The mother-of-two was said to have enjoyed “a warm and close relationship” with her children but has been unable to care for them since the collision. “She has lost the companionship and society of her children, which greatly distresses her,” it is said.
Ms Vibert is seeking damages for a variety of matters, including her pain and suffering, care costs, physiotherapy, occupational therapy, speech and language therapy, additional accommodation and adaptation costs and loss or earnings, employability and pension benefits.
The insurer maintains the amount sued for is excessive and it is not liable. It also contends that if it is liable, then another motorist, brought into the action as a third party, should bear a portion of the award.
It further maintains that if it is liable then any damages payable should be reduced as Ms Vibert had materially contributed to her loss and injury.
It contends Mr Graham and the other driver had been racing each other.
It adds: “The pursuer ought not to have allowed herself to be a passenger in the vehicle being driven by the deceased whilst he was under the influence of cannabis.
“Had she not allowed herself to be a passenger all her injuries would have been avoided.”
Counsel for both of the parties were in court for the hearing before Lord Turnbull.
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