Monday 21 August 2017

Girl (11) sues ice-skating company after skater ran over her hand, High Court hears

Teresa Crowley, mother of Aoibhe Naghten from Blanchardstown, Dublin pictured leaving the Four Courts yesterday(Thurs) after the opening day of a High Court action.Pic: Collins Courts
Teresa Crowley, mother of Aoibhe Naghten from Blanchardstown, Dublin pictured leaving the Four Courts yesterday(Thurs) after the opening day of a High Court action.Pic: Collins Courts
Teresa Crowley, mother of Aoibhe Naghten from Blanchardstown, Dublin pictured leaving the Four Courts yesterday(Thurs) after the opening day of a High Court action.Pic: Collins Courts

Aodhan O'Faolain

A 10-year-old girl who injured her fingers when she fell while skating and another skater ran over her hand has sued in the High Court.

Aoibhe Naghten has claimed the accident occurred eight metres from the exit to the pop up  up ice rink at Blanchardstown Centre, Dublin at end of a skating session in December 2015.

She told Mr Justice Michael Hanna she was skating towards the exit when a man standing at the side barrier turned around and accidentally bumped against her and she fell. While she was on the ground, she said another skater went over her right hand.

"I was shocked and frightened. There was a cut and blood all over my hand," Aoibhe who is now almost twelve years of age said.

Aoibhe Naghten, Summerfield Rise, Blanchardstown, Dublin has through her mother Teresa Crowley sued Cool Running  Events Ltd, with offices at Glanmire, Co Cork as a result of the fall at at an ice rink erected by the event company at Blanchardstown Centre in December 2015.

It was claimed Cool Running Events allegedly allowed the premises to become overcrowded. It was further alleged non participants were allegedly allowed to interfere with legitimate patrons who were genuinely participating in the event.

Teresa Crowley, mother of Aoibhe Naghten from Blanchardstown, Dublin pictured leaving the Four Courts yesterday(Thurs) after the opening day of a High Court action.Pic: Collins Courts
Teresa Crowley, mother of Aoibhe Naghten from Blanchardstown, Dublin pictured leaving the Four Courts yesterday(Thurs) after the opening day of a High Court action.Pic: Collins Courts

The claims are denied and Cool Running Events contends Aoibhe was the author of her own misfortune and she took on a voluntary assumption of risk upon entering the ice rink.

In evidence Aoibhe told the court she had gone ice skating with her mother and sister Kerri on December 30, 2015.

She said she was making her way to the exit when a man at the barrier turned in to her path and knocked her.

Put to her by her Counsel Richard Kean SC that the other side say the accident was her fault and asked did she do anything wrong, she said she didn't.

She said she was given first aid at the rink and later got the wound in her right hand cleaned and stitched in hospital. She also had to have a splint for her right middle finger.

She said she could not write at school afterwards and has been left with a scar.

Asked by counsel for the event company Gerard Clarke SC if she saw a safety video played at the venue, she said she did not remember that. She agreed at the time of the accident she was trying to catch up with her sister.

The court also watched a video of the ice skating session.

The case before Mr Justice Michael Hanna continues on Friday.

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