Posted: July 17th, 2019
A schoolgirl who fractured her ankle jumping off a trampoline has settled her High Court action for €35,000.
As part of the child injury compensation action legal representation for Shauna O’Gorman (13) claimed there was a failure to direct the activity on the trampoline properly, a failure to ensure the matting was properly and appropriately placed and that a hazard was allegedly allowed to be exposed in the activity area.
All of these allegations were denied by the defendants and it was argued that there was alleged negligence on the part of the little girl. The argument was that the girl landed on a crash mat in an awkward manner. In addition to this the defence claimed that the girl had not advised them that she had previously broken her left foot.
They also stated that she (Shauna) failed to follow the specific and repeated instructions given to her regarding the correct way to land on the mats.
Shauna was attending a gymnastic event as part of an annual school tour and children were taking turns jumping on the trampoline. Ms O’Gorman, who had already jumped on the trampoline once, was just completing her second go when the accident took place.
Ms O’Gorman’s counsel, Sara Moorehead SC, informed the court that the children were jumping on to matting on the floor. A different parent said that she felt the mats on the floor were not close enough together.
In relation to her injuries, Justice Kevin Cross was informed that an MRI last year showed the child’s ankle was back to normal. Following the accident Shauna had a plaster on her ankle and could not go on the first week of a family in Turkey that year. However she was allowed to fly for the second week.
Ms O’Gorman, took the trampoline injury compensation action through her father Joseph O’Gorman, against Irish Gymnastics Ltd, trading as Gymnastics Ireland with offices at Blanchardstown, Dublin and which operates as Excel Gymnastics, Celbridge Industrial Estate, Celbridge, Co Kildare as a result of the accident on June 12, 2015.
Mr Justice Kevin Cross, in approving the child injury compensation settlement, said it was a good settlement and there was a danger that Ms O’Gorman would not succeed if the case went on.