A WOMAN who tumbled over a bench when she was a schoolgirl and fractured her arm has lost her case for damages.
Kellie Gregan (22) claimed the accident, which happened in her school 13 years ago, left her with three scars on her arm, and she only wears long-sleeve tops.
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 that 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 – a game which left her standing on a bench in an attempt to catch the ball thrown by her teammates.
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.
She said a bone in her arm had popped out. She had to have three operations on the arm. Ms Gregan 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.
She further claimed there was a failure to place mats that would have broken her fall around the bench. The school denied the claims and contended the students were playing a different game of dodge ball and Ms Gregan – of Crescent Gardens, East Wall, Dublin – was not required to stand on a bench.
It was contended she opted to mount the bench and did so in a careless manner, causing injury to herself for which the school it claimed it was not liable.