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.
Mister Smith, a Bolton resident, sustained severe spinal injuries in an accident in 2017. He was able to continue his training as a doctor/surgeon.
He is now suing Mr Ollivier, his climbing partner, for negligence. He claims that he dropped the belay rope, which allowed him to crash to the floor.
According to a claim filed at Manchester High Court, Mr Ollivier had admitted liability for the accident three years ago. However, the two sides were unable agree on how much compensation 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 medical student in his first year and a novice climber. At the time of the tragedy, it is believed Mr Ollivier was taking earth science classes in the year preceding.
Ross Smith, 24, is paralysed below the waist after he plunged 30ft from a climbing wall.
Fellow student Spencer Ollivier allegedly let go of the ‘belay’ rope, he claims in legal writ
Mr Smith claimed that he was taught by his belay partner that if a climber falls his partner should take up the slack, and stop the fall.
Mr Ollivier of Guisborough in Cleveland was first. He made a smooth climb with Mr Smith at his side.
Mr Smith then started to climb, but as soon as he reached out for a hold at top of the wall, his fingers gave way and he fell. The rope didn’t move at all and Smith fell to the ground.
He accuses Ollivier and says he let loose the rope, let him fall to the ground, failed any training, failed communicate with Mr Smith, and did not 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 by ambulance to the Royal Victoria Hospital in Newcastle. Doctors discovered that his T12 vertebra had fractured and been dislocated, causing severe damage to the spinal cord.
Within days, he began physiotherapy, using a wheelchair, then was transferred to Middlesbrough’s regional spine injuries centre for rehabilitation. He went back to his mother’s home in February 2018.
The court will hear that he has suffered from multiple infections and pains since then, but has shown resilience psychologically in the face of his terrible injuries. He will require more care starting at 55 because he cannot live independently.
Mr Smith is suing his climbing partner Mr Olliver for £200,000 over injuries sustained in fall
He stated that it was very important to him to keep his passions about outside activities, adventure, music, and travel. His claim for damages includes the cost for aids and equipment.
Mr Smith would like to wear a hi-tech exoskeleton that can be worn to aid in his mobility and to take advantage the new technology. He went back to university in September 2018 to complete his medical training. He wants to be a doctor and surgeon but he thinks he will need to work part-time starting at age 40.
He has lost approximately 13 years of life expectancy as a result of the injury. He is now at risk of developing pressure sores or a cyst on his spine.
In 2018 a JustGiving page set up by Mr Smith’s friends raised £22,300 of a £50,000 target. The following was the message that the friends left at the time
‘Despite the prognosis, Ross has never once shown any signs of anger or self-pity. Ross is determined to finish his medical studies next year and achieve his long-term goals. His family, friends, former colleagues, and schoolmates are extremely proud of him and want to make his life as enjoyable as possible.
‘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 reached out to the lawyers for both men.