Latest news: Tourist wins damages after breaking ankle

Published on Friday 4 April 2008 14:24

A TOURIST who broke her ankle during a sight-seeing trip to Switzerland and Italy has succeeded in suing a coach company – with a little help from her safety expert husband.

A judge at the Court of Session in Edinburgh today awarded dental practice administrator Diana Cheeseman, 64, damages of 7400 and praised the "clarity and cogency" of husband Peter's evidence.

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Mr Cheeseman, 61, is a senior lecturer in construction management at Heriot Watt University and a health and safety consultant.

He has been helping with damages claims – particularly when people have fallen down stairs or slipped on floors – for 30 years, the court heard.

Mr Cheeseman told the court that after his wife's fall, he found the carpet on a step at the back of the "luxury coach" had come unstuck.

Mrs Cheeseman described how she was sitting on the back seat, about 9in higher than the rest. When the coach was driving very slowly, she moved forward to get a better view of something the guide pointed out.

As she went to step down she tripped and fell forward, fracturing a bone in her left ankle.

Judge Lady Smith heard that Mrs Cheeseman hobbled around on crutches for several days and suffered significant discomfort in her right foot for another couple of months and was unable to drive during that time.

The Cheesemans, who live in Murrayfield, took the "Swiss and Italian Lakelands" holiday in September 2001 and were on an optional trip over the Simplon Pass to Zermatt when the accident happened.

They raised a civil action against London-based International Travel Service Limited who also have a business address in Colinton, Edinburgh.

The travel company contested the action, claiming that the Zermatt trip was the responsibility of an Italian coach operator.

In her written ruling issued today, Lady Smith said Mr Cheeseman's work over many years involved him looking at why people fall and whether the falls had anything to do with defects in flooring.

"I am readily satisfied that his qualifications add considerable weight to his evidence. Further, he being an experienced expert witness, it makes it less likely that his evidence was swayed by a desire to favour Mrs Cheeseman's interests," she said.

He also helped with the washing up and other housework while his wife recovered.