A mum is suing her dead partner for £5million over the horrific car crash which killed him and left her severely disabled.
Mum-of-two Christina Vibert claims Ross Graham was driving too fast when his Honda CRX ploughed into an HGV trailer.
Mr Graham’s insurers claim he was high on cannabis and racing another driver at the time, the Daily Record reported .
Christina, 29, suffered a cardiac arrest but was resuscitated following the horrific collision .
She was in a coma for a month having suffered complex facial fractures and a brain injury.
Three years later, she can only walk short distances using a walking stick.
Christina struggles to communicate, has memory and concentration problems and is unable to look after her children.
She is now seeking compensation from Zenith Insurance, who insured the car.
The couple were driving to Ikea to buy furniture for their month-old baby when the tragedy happened at a roundabout in Wester Hailes, Edinburgh , on January 6, 2013.
Christina was wearing a seatbelt as a front seat passenger in the Honda.
Papers lodged at the Court of Session say: “The vehicle was driven by her partner, the deceased. He was driving at excessive speed for the conditions and the road layout.
“The B701 was a dual carriageway on which there was a 40mph speed limit. The road formed a junction with the Clovenstone roundabout.”
“He failed to give way on approaching the give-way junction of the roundabout. He proceeded through the junction and collided with a DAF XF heavy goods vehicle.”
Christina had lengthy surgery on fractures to her face and then rehabilitation, which continued into 2014.
Her Edinburgh home is unsuitable, she says, as it is not accessible or adapted for a wheelchair user.
She can move slowly over very short distances with the aid of a crutch or walking stick, but needs a wheelchair for longer distances.
The claim says: “She required and for the remainder of her life will require assistance with the normal activities of daily living.”
Before the crash Christina had become qualified to follow a career in hairdressing and beauty treatments. She was said to have enjoyed “a warm and close relationship” with her children but has been unable to care for them since the accident.
The claim says: “She has lost the companionship and society of her children, which greatly distresses her.”
Christina is seeking damages for pain and suffering, care costs, physiotherapy, occupational therapy, speech and language therapy, extra accommodation and adaptation costs and loss of earnings, employability and pension benefits.
The insurers say they are not liable to pay out. But they also argue that, if they are found liable, a second motorist allegedly involved should pay some of the award. They also claim Christina contributed to her loss and injury because she should have known Ross was under the influence of cannabis.
Zenith say: “The pursuer (Ms Vibert) 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.”
Christina claims not to remember Ross using cannabis.
The case called for a procedural hearing yesterday before Lord Turnbull and will resume later.
(Daily Mirror)
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