The High Court has approved a €35,000 settlement of a High Court claim brought over injuries allegedly sustained by an eight-year-old girl in a fall from a pony six years ago.
Mr Justice Paul Coffey said he had “no hesitation” in approving the sum after noting there was a “very significant risk” in litigating further in the hope of achieving a higher award from the court.
Suing through her mother, Rosemarie Doherty, Eleni Iacovou claimed she fell from a pony while attending a riding class in Laragh, Maynooth, Co Kildare, on June 29th, 2018.
The now-14-year-old says she landed on a plastic jump block on the ground and injured her elbow, which required two surgeries and may involve a third. The court heard this has also had a psychological impact on her.
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Eleni, who lives in Dublin, alleged she sustained her injuries due to negligence and breach of duty on the part of Vincent Dempsey, trading as Blackberry Stables Riding School. The defendant denied all of her claims and settled the case without making any admission of liability.
Eleni’s senior counsel, Jeremy Maher, instructed by Ferrys Solicitors, said she has made a good recovery but has been left with noticeable scarring on her arm.
It was his view that if the claim was fully successful at trial it could secure a general damages award of between €50,000 and €70,000 from a judge. However, he said this was a “difficult” case and there was a risk she would lose it entirely. The lawyers and family therefore believed this settlement was the correct approach.
The settlement also provides that her legal costs, at Circuit Court level, will be paid by the defendant on top of the €35,000 figure, he said.
Her case alleged she fell because the saddle stirrup was too short, but the riding school argued the length had been checked by the instructor and an assistant, said counsel.
The defendant rejected the contention by the plaintiff’s expert that the pony was unsuitable for her, Mr Maher added. He said there was also a dispute over whether it was appropriate for the plastic jump block to be left on the ground and whether Eleni came into contact with it.
Mr Justice Coffey said the approach to settling the case and eliminating the litigation risks was “prudent” and praiseworthy. The reality of these cases is that falls are an “inherent risk in riding”, he added.
There appears to be a contest between the two sides on every aspect of the case as to whether the defendant was negligent at all, the judge added.
He approved the settlement and directed that the €35,000 sum must be paid into court for Eleni to receive when she turns 18.
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