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MUM'S BATTLE

‘I’m suing my dead boyfriend for £5MILLION’: Mum launches legal fight over crash that killed partner and left her disabled

Mum-of-two Christina Vilbert can only walk short distances after suffering serious injuries in the horror smash in 2013

A MUM is suing her dead boyfriend for £5million over the horror car crash that killed him and left her severely disabled.

Ross Graham was allegedly driving too fast when he smashed into a HGV trailer with his girlfriend Christina Vibert in the car in January 2013.

 Christina is suing her ex-boyfriend Ross for seriously injuring her in the accident he was killed in
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Christina is suing her ex-boyfriend Ross for seriously injuring her in the accident he was killed in
 Christina suffered a heart attack, brain damage and facial injuries in the accident
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Christina suffered a heart attack, brain damage and facial injuries in the accident

Mum-of-two Christina had a heart attack but was resuscitated following the terrifying accident, which killed her 22-year-old partner.

The 29-year-old suffered complex facial fractures, which needed surgery, a brain injury and was in a coma for a month.

Three years on from the accident she has memory and concentration problems and can only walk short distances with a stick.

Christina, who was sat in the front of the car and wearing a seatbelt when the accident happened, struggles to communicate and is unable to look after her young children.

The couple had been on their way to buy furniture for their one-month-old baby when Ross allegedly started racing another driver, causing them to crash into the HGV at a roundabout in Wester

Hailes, Edinburgh in January 2013.

Christina, who was in rehab until 2014 due to her injuries, is now seeking compensation from Zenith Insurance, who insured the car.

 Ross and Christina were on their way to buy furniture for their one-month-old baby when the crash happened
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Ross and Christina were on their way to buy furniture for their one-month-old baby when the crash happened

She claims her Edinburgh home is not suitable as it is not accessible or adapted for a wheelchair and is only able to walk short distances with a crutch.

Zenith Insurance claim Ross was racing another driver and high on cannabis at the time, and claim Christina contributed to her loss and injury as she should have known he was on drugs

Christina's claim says: "She required and for the remainder of her life will require assistance with the normal activities of daily living."

Before the accident Christina was a qualified hairdresser and beautician who enjoyed a "warm and close relationship" with her kids.

The claim says: "She has lost the companionship and society of her children, which greatly distresses her."

Papers at the Court of Session explained: "The vehicle was driven by her partner, the deceased. He was driving at excessive speed for the conditions and the road layout.

 Christina was a trained hairdresser and beautician before the accident
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Christina was a trained hairdresser and beautician before the accident
 Ross was killed in the horror accident in January 2013
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Ross was killed in the horror accident in January 2013

"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 is seeking damages for pain and suffering, care costs, physiotherapy, occupational therapy, speech and language therapy, extra accommodation and adaption costs and loss of earnings,

employability and pension benefits.

The insurers say they are not liable to pay out, as Christina contribted to her loss and injury as she should have known Ross was high on drugs.

They also claim if they are liable, a second driver allegedly involved should pay some of the compensation.

Zenith said: "The pursuer (Ms Vibert) ought not to have allowed herself to be a passenger in the vehicle being driven by the deceased while 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 she does not remember Ross using cannabis.

The case continues.