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Medical student paralysed in a climbing accident sues climbing partner
EXCLUSIVE: Climber who was paralysed from the waist down in accident at indoor wall sues partner who let go of the rope for £200,000
- Ross Smith, 24, is paralysed from the waist down after plunging 30ft from wall
- Fellow student Spencer Ollivier allegedly let go of the ‘belay’ rope, he claims
- Mr Smith is suing his climbing partner Mr Olliver for £200,000 over injuries
A young medical student who suffered catastrophic spinal injuries in a climbing accident is suing his climbing partner for £200,000 for letting go of the rope that should have saved him.
Ross Smith, 24, is paralysed from the waist down after plunging 30ft from the Sunderland Wall climbing centre’s artificial rockface four years ago.
His fellow student Spencer Ollivier broke the ‘golden rule’ of climbing by letting go of the ‘belay’ rope, designed to be kept taut and stop the climber falling further in case of a slip, according to the legal claim.
Despite suffering catastrophic spinal injuries in the accident in 2017, Mr Smith, from Bolton, has managed to carry on his training as a doctor and surgeon.
But now he is suing climbing partner Mr Ollivier for negligence, saying that he let go of the belay rope, allowing him to crash down to the floor.
Mr Ollivier admitted liability for the accident almost three years ago, according to a claim issued in Manchester High Court. But the two sides were unable to agree how much compensation Mr Smith should receive.
Both men were students at Newcastle University and members of the university’s mountaineering club when they became belay partners for a warm-up climb.
Mr Smith was a first year medical student and a novice climber and it is believed Mr Ollivier was studying earth science in the year above at the time of the tragedy.
Ross Smith, 24, is paralysed from the waist down after plunging 30ft from a climbing wall
Fellow student Spencer Ollivier allegedly let go of the ‘belay’ rope, he claims in legal writ
Mr Smith said in his claim he had been taught that the golden rule was never to let go of his end of the rope, so that if the climber falls, his belay partner takes up the slack and stops the fall.
Mr Ollivier, of Guisborough, Cleveland, went first, in an uneventful climb with Mr Smith belaying him.
Mr Smith then began to climb, but as he reached for a hold at the top of the wall, his fingers slipped and he fell. Instead of his fall being checked by his belay partner the rope simply moved freely and he fell to the ground, the court will hear.
He accuses Mr Ollivier of negligence, and says he let go of the rope, allowed him to fall freely to the floor, failed to pay any heed to his training, failed to communicate with Mr Smith and failed to arrest his fall.
Mr Ollivier negligently failed to fulfil his important safety role as belaying partner and failed to take any care for Mr Smith’s safety, the writ says.
After the accident, Mr Smith was taken to the trauma centre at Royal Victoria Hospital in Newcastle, where doctors found his T12 vertebra had been fractured and dislocated, damaging the spinal cord.
Within days, he started physiotherapy and using a wheelchair, and was transferred to the regional spinal injuries centre in Middlesbrough for rehabilitation. He went back to his mother’s home in February 2018.
Since then he has suffered from repeated infections, and pain, but has been psychologically robust in response to his catastrophic injuries, the court will hear. He needs help to live independently and will need more care from about the age of 55.
Mr Smith is suing his climbing partner Mr Olliver for £200,000 over injuries sustained in fall
The document states it is very important to him to keep his passions for outside activities, adventures, travel and music and his claim for damages includes the cost of aids and equipment to help with this.
Mr Smith, wants to use a wearable hi-tech exoskeleton to help him mobilise, and to take advantage of developing technology. He returned to university for medical training in September 2018, and wants to work as a doctor and surgeon, but thinks he will have to go part-time from about age 40 and may have to take early retirement.
He has lost some 13 years of life expectancy because of the injury and is at risk of developing a cyst on the spine or pressure sores, and is seeking provisional damages, allowing him to return to court for more damages if he develops either condition.
In 2018 a JustGiving page set up by Mr Smith’s friends raised £22,300 of a £50,000 target. The friends wrote at the time:
‘Despite the prognosis, Ross has never once shown any signs of anger or self-pity. He is determined to continue with his medical studies next September and to achieve his long-term goals. His family, friends and former colleagues and schoolmates are incredibly proud of him and want to help make life as good as it can possibly be.
‘We want to raise money towards providing a wet room and stairlift in Ross’s home, together with other personal care and mobility aids that will support Ross in living as full and independent a life as possible. With the generous assistance of the community, we are sure that the much-needed (but expensive) renovations and adaptations to Ross’s life will be possible.’
MailOnline contacted the lawyers for both men.
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