A woman who tumbled over a bench fracturing her arm as she played a ball game when a schoolgirl has lost her case for damages.
Kellie Gregan (22), Crescent Gardens, East Wall, Dublin, claimed the accident in her school 13 years ago left her with three scars on her arm and she only wears long sleeve clothes. Mr Justice Kevin Cross said the then nine-year-old suffered a nasty injury which occurred when she fell over a bench while playing the game bench ball.
He said she had not established it was unreasonable for the school not to have mats on the floor at the bench. Dismissing the claim and ordering that each side pay their own costs, the judge said Ms Gregan had not in any way exaggerated her injuries.
Ms Gregan was in third class at St Joseph's National School, East Wall, Dublin, when the accident happened in September 2006. She was playing bench ball where she had to stand on a bench and catch the ball thrown by team-mates.
She told the court she missed the ball and got off the bench to retrieve it but lost her footing as she tried to get back on the bench and fell.
A bone in her arm had popped out and she needed three operations to the arm. Ms Gregan had sued the board of management of St Joseph's National School, East Wall.
She claimed it was negligent of the school to allow her to perform an unreasonable and unnecessarily dangerous act in climbing or attempting to climb the bench.
Ms Gregan also claimed there was a failure to place mats that would have broken her fall. The school denied the claims and contended the students were playing dodge ball and Ms Gregan was not required to stand on a bench.