A psychic medium who developed a fear of falling after tripping over a sunbed on a luxury holiday has won over £50,000 compensation.
Lynn Morgan, 62, didn’t see it coming when she tripped over a lounger beside the pool of a four-star hotel while on a £4,000 all-inclusive package holiday to Mauritius.
Mrs Morgan, of Llantarnam, Cwmbran, who works as a “psychic medium” using “tarot, angels and various scrying techniques to help people”.
She was on holiday with husband Nick when she fell, smashing her teeth and nose on the concrete floor.
Psychic Lynn Morgan, 62, tripped on holiday and has now won over £50,000 compensation
The medium was knocked out in the May 2015 accident and left “bleeding profusely.”
Following the fall, she sued travel agent, TUI, for compensation, including for her having developed a “specific phobia of falling” afterwards.
Now, after a trial at Cardiff County Court, Judge Milwyn Jarman QC has awarded Mrs Morgan £53,186 in compensation for her injuries.
The judge said her accident happened because the unlit sun terrace where she fell was too dark and the sunbed left protruding where she might trip.
The court heard Mrs Morgan and her husband had paid £4,000 for the trip to the Riu Le Morne Hotel, in the Mauritian resort of Bel Ombre.
The adults-only hotel claims on its website to offer “an exclusive ambience,” with four restaurants, five bars, a freshwater swimming pool and chill-out area.
Sue and NIck Morgan were both on holiday in Mauritius when the fall happened back in 2015
It was on her second night there that, while walking back to her room from a restaurant, she tripped and fell over the heavy wooden lounger.
She told the court she was knocked unconscious and, when she came round, was bleeding heavily and had severe pain in her nose and teeth.
She said it had been so dark that she did not see the sunbed and that a member of staff had to use a torch to help her afterwards.
Mrs Morgan said she had walked past the area en route to the restaurant when it was still light and all of the loungers had then been stacked up neatly.
Giving evidence at the trial, Mrs Morgan said the accident had ruined her enjoyment of her holiday and of her daughter’s wedding the following month.
She had also been left suffering from tinnitus and hearing loss, and would need therapy to overcome her newfound “phobia of falling.”
Lynn Morgan, of Llantarnam, Cwmbran, was staying at a four-star hotel when she was badly hurt
For TUI UK Ltd, barrister Navjot Atwal claimed that the accident probably happened because she was disorientated or not properly watching her feet.
sunbed was not invisible, he said, and most likely had a light coloured cushion on it at the time.
The hotel’s then manager also claimed that lighting that was subsequently added in the area was for ambience and not to improve safety.
Giving judgment, Judge Jarman found that, although it did not own or operate the hotel, TUI was liable for Mrs Morgan’s accident.
It was caused by the “poor lighting” where she fell, he added, although she contributed to it by not turning back when she realised how dark it was.
“In my judgment, the preponderance of the evidence on how dark the accident spot was at the time shows that, whilst it was not pitch dark, it was dark enough to make it very difficult to see the dark wooden sunbed, especially when someone was walking from the lit pathway onto the unlit sun terrace,” he said.
“In my judgment, no criticism can be made of her in choosing initially the route she did. She was not expecting a sunbed to be in the way, having come that way without obstruction some two hours earlier.
“Moreover, I am satisfied that she had only walked a few paces onto the sun terrace when the accident happened. She would only have had moments to realise that the way ahead was dark and to decide to turn back.
“Nevertheless, in my judgment, by not doing so she failed to take reasonable care for her own safety, although this failure is proportionately small compared to that of the defendant and I assess contributory negligence at 20%.”
Mrs Morgan was awarded a total of £53,186 for her injuries, dental work, her ruined holiday and clothes, and her reduced enjoyment of her daughter’s wedding.