Judge dismisses damages claim against Cosmos
A holidaymaker has failed in an attempt to sue Cosmos over a swimming pool accident three years ago which left him paralysed from the waist down.
A High Court judge rejected a ?3.5 million claim for damages against the operator for cost of care, loss of earnings and future therapies. Cosmos had denied liability.
Father of four Sean Healy, who appeared in court in a wheelchair, suffered the injuries while on a Cosmos holiday at the Colina Da Lapa apartments in the Portuguese Algarve resort of Carvoeiro.
Carpentry business owner Mr Healy incurred spinal injuries when his head struck the bottom of the pool. He had sought to prove that he fell in because of a slippery area surrounding the pool which did not comply with local safety standards.
The pool was of varying depth, going down to 5ft 1in at its deepest point, and had depth markings painted around the outside at regular intervals, the court had heard.
Mr Healy, from North Cheam who was 36 at the time of the accident, was described as an experienced swimmer who was well aware that diving into the pool was inappropriate.
In his judgment, Mr Justice Eady found that it was a “tragic accident†for which no one was responsible.
He said: “I naturally understand how devastating this conclusion will be for the claimant and his family.â€
He added that on the evidence there could be no other rational outcome.
A spokesperson for Cosmos said that the tour operator accepted the decision made by Mr Justice Eady and the company expressed regret at the very serious injuries suffered by Mr Healy.
Report by Phil Davies
Phil Davies
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