A judge has ruled as appropriate a €56,000 Injuries Board assessment of damages for an 11-year-old girl who seriously injured her left elbow after falling from monkey bars into a foam pit at a Dublin fun park.
Halle Carney, through her father James Carney, of Annamoe Drive, Cabra, Dublin, submitted a damages claim for assessment to the Injuries Board, the independent State body which assesses personal injury compensation, against Bounce N Beyond Limited of Grange, Ballyboughal, Dublin.
Barrister David Richardson, counsel for the girl, told Judge Terence O’Sullivan in the Circuit Civil Court on Tuesday that while legal proceedings had not yet issued against the defendant he was seeking a court ruling on the adequacy or otherwise of the board’s assessment.
Mr Richardson, who appeared with Shane Walsh of Anthony Joyce Solicitors, said medical reports from consultant orthopaedic surgeons Enda Kelly, of Temple Street Children’s Hospital, and Shane O’Neill, of the Mater University Hospital, were submitted to the board’s assessors.
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Judge O’Sullivan heard the incident happened on July 4th, 2023, when Ms Carney visited what was claimed to be Ireland’s largest indoor trampoline and ninja park.
She was using overhead monkey bars when she fell, fracturing her left elbow in two places on landing in the pit. She was taken to Temple Street Children’s Hospital, where tension band wires were surgically inserted. These were later removed prior to intensive physiotherapy. She has been left with a mild surgical scar.
Mr Richardson told the court the girl made a complete functional recovery and has returned to all of her social activities, including dancing. Counsel said he, Halle and her father were happy to recommend the court’s approval of the assessment of €55,000 in general damages, which would be paid into court to her credit, and €1,333 for hospital and medical fees, which would be paid to her solicitor.
Counsel said Ms Carney was categorised as somebody at mild to moderate risk of osteoarthritis as a result of her injury. Mr Richardson said that under the current personal injury guidelines it was possible that convincing arguments could be made on her behalf for compensation of between €40,000 and €72,500.
Judge O’Sullivan approved of the board’s assessment of compensation.
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