Father-of-three suing Tui at High Court over quad bike crash ‘not same person'

Yahoo

4 days ago

A father-of-three who is suing holiday provider Tui at the High Court after a quad bike crash is 'not the same person' after the incident, and the pain he suffers can be 'unbearable', he has said.
Tony Holliday, 57, needed two operations on his fractured right leg and also suffered head, shoulder and hand injuries, after his quad bike crashed into rocks and he was thrown from the vehicle while on holiday in Cape Verde in March 2023.
The property developer, who travelled to the island off the coast of west Africa with his wife, Bev, and two of his daughters, Keeley and Rhianna, now suffers from post-traumatic stress disorder.
He is taking legal action against Tui UK and seeking more than £500,000 in damages, claiming the quad bike excursion, which was provided as compensation for lost luggage and their original rooms smelling of sewage, was misrepresented as suitable for beginners and came without adequate safety instructions.
Tui is understood to be opposing the claim and is due to file its defence at the High Court later this year.
Speaking to the PA news agency from his home near Cockermouth, in the Lake District, Cumbria, Mr Holliday said: 'It has affected the full family.
'I'm not the same person I was. I have anxiety, I struggle sleeping at night, going over the same accident, or similar events like that.
'I haven't got the confidence I used to have, and I'm always worrying (about) what's going to happen next with my injury.'
Mrs Holliday said: 'It's turned our lives upside down, really.'
The family flew to Sal, Cape Verde, on March 1, 2023, for a week-long holiday costing £4,166.72, their first time visiting the country.
In court documents filed by law firm Stewarts, which is representing Mr Holliday, Sarah Prager KC said that on arrival, the family found their luggage had been lost, although it was later found.
They then found their rooms 'smelled very strongly of sewage', and replacement rooms were offered.
Ms Prager said Tui representatives offered a free excursion to compensate for the issues and recommended quad biking, claiming this was 'suitable for total beginners'.
She said that 'in reliance on this representation' the family booked a two-hour trip for March 6.
She said Tui described the excursion online as an 'off-road adventure', an 'action-packed excursion', and 'four adrenaline-pumping hours' on 'very powerful machines'.
Mr Holliday believed the excursion was provided by Tui, but later found out it was organised by a local provider.
Ms Prager said that at the start of the trip, the family were shown the location of the quad bikes' ignition, accelerator, throttle and brake, and were advised to keep a five-metre distance between each other, but received no other instructions and were not offered a test drive.
She said that after ascending a mountain on a volcanic trail, the family then descended, but the bikes lost grip and Mr Holliday's brakes did not work.
This caused him to swerve to avoid the bike ridden by one of his daughters, he collided with rocks and was thrown from the vehicle.
Ms Prager said the accident was caused by the route being 'unsuitable for beginners', Mr Holliday and his family being given 'wholly inadequate instruction', and the quad bike being 'defective'.
Mr Holliday returned to the UK the next day and underwent two surgeries.
His insurance provider did not cover the cost of his medical treatment and repatriation, as quad biking is considered a hazardous activity.
While his right leg was saved, he continues to experience pain and discomfort, and occasionally needs crutches.
He claimed he joined the excursion as he trusted the Tui brand, and was bringing legal action to raise awareness of health and safety issues on similar trips.
He said: 'I just want this to stop. I think that health and safety should be a key issue.
'What we went through, had it not been for Tui's name and brand, I don't think we would have gone through with it. It was shocking.'
Mr Holliday – an 'avid' runner before the crash – said he has tried to get back into the sport despite suffering from 'unbearable' pain, with his leg sometimes swelling 'like a football'.
He completed a local parkrun last summer, supported by family and friends, as he described himself as 'somebody who just can't use the words where they say 'you can't, you never will''.
He said: 'The surgeon said I would never run, I would never be able to walk without the limp.
'I had to prove to myself, I will fight everything to try and get there.'
A spokesperson for Tui said: 'We are sorry that Mr Holliday was injured during his holiday to Cape Verde.
'As this is now a legal matter, we are unable to comment any further at this time.'