Diet Coke ‘hunk’ claims to have suffered brain injury after running into colleague during beach advert

Model and actor Andrew Cooper is suing beachwear brand Orlebar Brown for £4.1m following an on-set incident in 2020

A male model who found fame as the Diet Coke “hunk” claims he suffered a brain injury when he ran into a colleague during a beach advert shoot.
Andrew Cooper, 43, is suing Orlebar Brown, a Chanel-owned luxury beachwear brand, for £4.1 million after he was hurt while filming the advert in Italy in 2020. 
Mr Cooper claims he collided with another model and was left concussed on the sands of Puglia after being instructed to run down a dune on to the beach.
He says the accident caused him a brain injury that has seriously hampered his career as a model, social media influencer and actor.
Having found fame as the star of the Diet Coke “hunk” advert in 2013, Mr Cooper went on to work with top brands including Dunhill and Armani. He also walked runways for Versace, Dolce&Gabbana and Ralph Lauren.
But he says he has since had to turn down some high-paying work owing to the effects of the accident. At the High Court in London, he is now suing Orlebar Brown Ltd for compensation. 
The high-end brand, which is known for tailored, photo-print swimming shorts that retail for up to £395 a pair, denies liability and blames the agency behind the shoot, the Tom Hingston Studio Ltd. But the studio also denies any blame, with its barrister John Williams telling the High Court last week that “accidents happen without negligence.”
According to Mr Cooper’s claim, he was filming with several other models on Puglia beach in September 2020. He and another model were instructed to run down a dune onto the beach, but collided, causing him life-changing injuries, he says.
Mr Cooper claims he was left with post-concussion syndrome and a mild traumatic brain injury, with consequent mental symptoms including anxiety, panic attacks and depression. He also claims to have suffered damage in his ear and now has a balance disorder which causes migraines and headaches.
Much of Mr Cooper’s claim is for lost past and future income, having previously earned as much as £280,000-a-year, the court heard. His lawyers say he has had to turn down lucrative contracts when the work involved flashing lights, learning lines or action sequences.
“The claimant is somebody who was a highly sought after male model working for Orlebar Brown and had other business interests and some interesting sidelines like being a social media influencer,” said his barrister John-Paul Swoboda.
Mr Swoboda added: “Another part of the claim is that he was commencing an acting career. He was an entrepreneurial man and there were many strings to his bow.
“The quantum of the claim is complex, but it is high value in the sense that the preliminary schedule states £4.1m.”
Mr Swoboda said the model, who lives in Berkshire, is suing Orlebar Brown for breach of the terms of their contract.
“We say the contract imposes strict duties on the defendant to the claimant – for example, to take all steps necessary to ensure that the model is protected,” he told judge, Master Simon Brown, in a preliminary hearing.
That meant the “highest standards of health and safety”, more than just doing what is “reasonable” to keep models safe, he said.
For Orlebar Brown, barrister Arun Katyar said the company would contest the breach of contract allegation and that it has “some disquiet” about the size of Mr Cooper’s claim.
However, the company also points the finger at the Tom Hingston Studio, claiming the shoot was carried out negligently.
But for the studio, Mr Williams denied any negligence, pointing out that the lead-up to, and aftermath of, the accident was caught on camera.
Taking issue with any suggestion that the models had been asked to undertake a “stunt of the kind James Bond would undertake”, he described the video footage.
He said the clip showed Mr Cooper and another model running down the dune, having been instructed to separate at a “grassy knoll”. 
“They were told to separate at the grassy knoll – one goes to the right, one to the left – and to continue descending down the dune to the beach and to jog, or introduce a little bit of action,” he said. “They do that eight times without incident.”
However, the clash came off camera when the two models collided, he said. When the camera pans to them, Mr Cooper is on the sand, conscious and smiling, before they get up and walk off.
“That’s it,” he said. “That’s what this case is about. There’s virtually no dispute on the facts. There is nothing to see in terms of negligence. The instruction was to run down to the beach separately. Accidents happen without negligence and that will be our case.”
The case reached court for a preliminary hearing dealing with how the case will proceed, with the judge, Master Brown, ordering that issues of liability be decided first at a four-day trial next year.
In an outside court statement, father-of-two Mr Cooper said he felt “completely let down” because of what happened to him.
“This incident.. has caused my whole life to be turned upside down, impacting on how I can function both professionally and personally, as a husband and father, and among my wider family and friendships,”  he said.
“My experience and the challenges I have faced show that head injuries, post-concussion symptoms and the long-lasting impact they can have on mental health need to be taken seriously by the fashion and film industry.”
A decision on whether Orlebar Brown or the Tom Hingston Studio were at fault will be made at a four-day trial set to take place in the first half of next year. If Mr Cooper is successful, a decision on the quantum of damages to be paid would be made at another trial, if not agreed.