Man blamed for fall that put wife in wheelchair: Couple 'very much in love' as ruling paves the way for insurance claim
Tuesday 26 April 1994
At the High Court in London, Deputy Judge James Stewart QC, said Martyn Ginder had been asked at least 10 times over a three-month period to mend the storeroom window through which his 21- month-old son, Daniel, had climbed out.
His wife, Jean, 36, is now confined to a wheelchair, and her claim - against her husband's household insurance - is estimated at pounds 500,000.
She was also ruled negligent in not locking the storeroom door on the morning of the accident, in March 1991, which she had left open briefly to sort out the laundry.
The judge did not accept that Mrs Ginder, of the Old Bakery, Bricket Wood, near Watford, Hertfordshire, was at fault in climbing out on to the roof after her son. 'In the heat and anxiety of the moment she behaved no differently from the way any other mother in like circumstances might have behaved,' he said.
Daniel was rescued unharmed from the roof after workmen found him dangling by his clothes caught on a nail.
The damages will be assessed at later date.
Counsel for Mr Ginder, a 36- year-old undertaker, said an appeal would be considered.
Mr Ginder, who has two other sons, Adam and Russell, said afterwards: 'I have never lost a case to such a wonderful plaintiff.'
He said that the division of duty in the household was that he was in charge of 'man's work' and his wife was in charge of 'woman's work'. 'We had an agreement long before the children were born that she would deal with the nappies and I would deal with the sink.'
Referring to his wife's evidence that she had to find the right moment to ask him to do a household task so as not to put him in a bad temper, he said: 'I should think every woman in the country has the same problems as my wife.
'I don't think I am difficult or more difficult than any other husband. But I do have the knack of being able to just sit down and switch off completely.'.
Mr Ginder said neither he nor his wife, whom he married in 1983 after meeting on a blind date, blamed each other for the incident. 'It was an unfortunate accident. Our relationship survived because we were very much in love before it happened and we still are. Whatever is thrown at you, you cope with it,' he said.
Mrs Ginder said after the hearing she felt 'relief' at the ruling. 'It means we can go forward now to claim against the insurance policy so we can have something for the future.'
She did not bring the case to lay the blame on her husband, she said. 'It was the only way to get the insurance.'
She said her lawyers took the view that it should not have been necessary to bring such a traumatic court action to gain access to their insurance cover.
'At the end of the day, we obviously don't hold each other responsible for what happened and we are still very happy together. An injury of this kind has split up many couples, but we have a very strong marriage. This case certainly has not harmed us.'
New UK station Russia Today gives a very bizarre view of Britain
By performing as African Americans or Indians, white people get to play act a kind of 'imaginary liberation', writes Michael Mark Cohen
New essay by JK Rowling went live on Pottermore site this morning
Top Gear presenter is no stranger to foot-in-mouth controversy
- 1 'Nasa Confirms Six Days of Darkness in December': No, they don't - it's a hoax
- 2 Canadian actor punched in face after 'Islamophobia' experiment goes wrong in wake of Ottawa shooting
- 3 Topshop at centre of row over body image as 'shocking' skinny mannequin photo goes viral
- 4 Top Gear presenter Jeremy Clarkson criticised for beer tweet
- 5 The bubble bursts for Sodastream
'Nasa Confirms Six Days of Darkness in December': No, they don't - it's a hoax
Top Gear presenter Jeremy Clarkson criticised for beer tweet
Halloween 2014: From the Screaming Man of Pluckley to the 'White Lady' of the Tower of London - Britain's 20 most haunted places
The bubble bursts for Sodastream
Russian politician says Apple CEO Tim Cook should be 'banned' from country after coming out as gay
Pope Francis declares evolution and Big Bang theory are real and God is not 'a magician with a magic wand'
Huge surge in Ukip support after EU funding row, according to new poll
Ukip ‘exploiting grooming scandal’ to secure party’s first police chief
Nigel Farage: 'There’s nothing wrong with white people blacking up'
Maureen Lipman says 'she can't vote Labour while Ed Miliband is leader'
Muslims, immigration and teenage pregnancy: British people are ignorant about almost everything
£40000 - £65000 per annum + bonus + benefits + OT: Ampersand Consulting LLP: M...
£22800 - £33600 per annum: Randstad Education Manchester Secondary: The JobAt ...
£22800 - £33600 per annum: Randstad Education Manchester Secondary: Calling al...
£100 - £125 per day: Randstad Education Chelmsford: EYFS Teachers - East Essex...