Diet Coke model sues for £4m after sand dune collision

A luxury swimwear brand could be forced to pay a male model £4 million over claims that he sustained brain damage after running down a sand dune on a shoot.
Andrew Cooper, 43, was filming an advert in Puglia, Italy, for Orlebar Brown, which specialises in high-end men’s trunks, when he collided with another model and was left concussed.
He claims that the accident, which took place in 2020, caused him a brain injury that has seriously hampered his career as a model, social media influencer and actor. His lawyers argue that Cooper, who had “many strings to his bow”, was earning up to £280,000 a year before the accident.
Having found fame as the star of a Diet Coke “hunk” advert in 2013, Cooper has worked with brands including Dunhill, Topman and Armani, and has walked runways for Versace, Dolce & Gabbana and Ralph Lauren. In recent years he has branched into acting and launched a juice brand.
However, he said he has had to turn down work due to the ongoing effects of the concussion and is suing Orlebar Brown, owned by the Chanel Group, for £4.1 million in compensation. The British model said that the incident had “caused my whole life to be turned upside down”.
The brand, which is known for tailored, photo print trunks retailing at up to £395 a pair, denies liability. Instead the company blames the agency behind the shoot, the Tom Hingston Studio.
The studio, however, has also denied responsibility. John Williams, representing the company, told the High Court last week that “accidents happen without negligence”.
According to Cooper’s claim, he was filming with several other men when he and another model were instructed to run down a sand dune to the beach, but collided, causing his injuries.
He claims that he was left with post-concussion syndrome and a mild traumatic brain injury, with symptoms including anxiety, panic attacks and depression. He suffered damage in his ear and now has a balance disorder causing migraines and headaches, his lawyers added, stating that Cooper has had to turn down lucrative contracts when the work involved flashing lights, learning lines or action.
“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 John-Paul Swoboda, his barrister. “Another part of the claim is he was commencing an acting career. He was an entrepreneurial man and there were many strings to his bow.”
Swoboda said Cooper, who lives in Berkshire, is suing Orlebar Brown for breach of the terms of their contract, which imposed “strict duties … for example, to take all steps necessary to ensure that the model is protected”.
Arun Katyar, Orlebar Brown’s barrister, said the company would contest the breach of contract allegation and that it has “some disquiet” about the size of Cooper’s claim.
The studio’s lawyer said it denied that the models had been asked to perform a “stunt of the kind James Bond would undertake” and said they had been given clear instructions. The court was told they had performed the scene “eight times without incident”.
Video footage taken immediately after the collision shows Cooper is on the sand, conscious and smiling, before they get up and walk off, Williams added. “There is nothing to see in terms of negligence. The instruction was to run down to the beach separately,” he said. “Accidents happen without negligence and that will be our case.”
Speaking outside the court, Cooper said he felt “completely let down” by what had 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.”
The judge has set a four-day trial date for next year.