Special needs assistant hurt in tag rubgy game settles case

Woman has not worked for three years and says she suffers pain every day

Fiona Rosney fell over and hit her head off the ground during a third class PE game of tag rugby in the primary school yard, the court heard.
Fiona Rosney fell over and hit her head off the ground during a third class PE game of tag rugby in the primary school yard, the court heard.

A special needs assistant who has not worked after a child collided with her in an accident in a primary school yard three years ago has settled her High Court damages action on undisclosed terms.

In evidence on Wednesday, Fiona Rosney (48) said she suffers pain every day since the accident.

She fell over and hit her head off the ground during a third class PE game of tag rugby in the primary school yard, the court heard.

“I had terrible, terrible pain in my neck shoulder and arm. I am in constant pain, I suffer every day with it,” she said

READ MORE

She said, before the accident, she was a hardworking person who got on with people and “loved my job”.

“I loved helping children. It was my life.”

Ms Rosney, Kilmalogue Gardens, Portarlington, Co Laois had sued the board of management of St Patrick’s primary school, Hazelhatch, Celbridge, Co Kildare as a result of the accident on October 14th 2015.

She told the court there were “children running in every direction” and a child ran towards her, colliding with her and the visually impaired child in her charge.

Ms Rosney claimed failure to organise the PE class on a pitch that was more appropriate to such a sporting activity.

She also alleged failure to plan or adequately plan the PE class.

The school denied all the claims.

It pleaded the children were in groups of eight at any one time playing the tag game.

The game has been passed by the Department of Education as a suitable exercise and skill game for primary school children.

Ms Rosney said she gets upset when she thinks about the accident.

She said she had thought the game might be dangerous but did not feel in a position to say anything.

“I was a nobody,” she said. It might look as if she could not do her job, she added.

It all happened so fast and she was so upset the visually impaired girl had fallen, she said.

She was brought to the staff room where people were very kind and the principal drove her to a doctor.

She later had five stitches to a wound above her eyes and her hand was “very, very sore”.

When the case resumed yesterday afternoon, Ms Justice Bronagh O’Hanlon was told it had settled and could be struck out.

No details of the settlement were provided.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times