Judge James McCourt said in the Circuit Civil Court that Rebecca O’Neill had a long wait to have her case dealt with and had been significantly discommoded during her very formative years.
Barrister Kevin D’Arcy told the court that Rebecca had attended a Christmas day out with members of her Cool Kids youth club in 2009 and had been roller skating with her friends at The Spin Roller disco, Longmile Road, Dublin, when she fell on a sloping step while returning from the bathroom.
Mr D’Arcy said it was first thought she had broken her right ankle and had been treated for a fracture at Tallaght Hospital.
Her foot and ankle had been placed in a back slap and she had been referred to the fracture clinic under the care of consultant orthopaedic surgeon David P Moore. It had later transpired she had not suffered any bone injuries.
Rebecca, now aged 24, of Neilstown Drive, Clondalkin, Dublin, said in evidence that as a result of her injury she had to give up gymnastics and her hobby as a majorette at her school. Her social life had been interfered with throughout her schooling and post education.
Mr D’Arcy told Judge McCourt that her solicitors, Spelman Callaghan, had carried out extended correspondence with one of the defendants, Liam Sutcliffe, of Dangan Avenue, Perrystown, Dublin, and a defendant company, Zenroyal Limited, of Finches Park, Longmile Road, which was no longer in existence.
He said Spelman Callaghan had obtained judgment against Mr Sutcliffe in default of appearance and when his name was called in court it was noted he had not answered and was not legally represented. The case was dealt with as an assessment of damages.
Judge McCourt said he was dealing only with the first named defendant, Mr Sutcliffe, and on the evidence before the court Ms O’Neill was entitled to succeed. The court was dealing with what had transpired to be a soft tissue injury with lingering issues.
For her injuries and pain to date and into the future he awarded Ms O’Neill €27,500 damages against Sutcliffe together with Circuit Court costs.