Verdict awaited in Italian snowmobile accident claim
01 February 2010
On 26 January 2010 Mr Justice Owen heard the Closing Submissions in relation to the claim by Stewarts Law client, Emma Moore for damages for the paraplegia she sustained in an accident on a snowmobile on 18 January 2007. Emma had been on a skiing trip with the English holiday company Inghams, during the course of which their tour rep arranged a snowmobile excursion. Michael McParland, Counsel for Emma Moore explained to Justice Owen that:
"Mrs Moore crashed and suffered injuries because she was unable to stop the skidoo in the circumstances she found herself in because of her inadequate instruction and training, particularly regarding the use of the emergency cut-off button. The function of the switch was not obvious. Mrs Moore was an absolute beginner on a skidoo. The failure to instruct her in the use of the button was a negligent breach of duty".
During the course of the Trial Justice Owen heard evidence from experts in snowmobiling and experts in Italian law. Emma Moore now faces a wait for his Judgment and then if it is in her favour the case will proceed to a second stage during which her lifetime losses consequent to her spinal cord injury will be assessed. Emma Moore has been represented by Julian Chamberlayne, Head of the Travel Law Team at Stewarts Law who commented:
"This was an accident that should not have happened. Skidoos are very powerful machines, rather like high powered motorbikes and to send a complete beginner out into mountainous terrain at night without even telling her how to stop the machine in an emergency was clearly negligent".