MELISSA MCDONALD (A MINOR) V KENNEDY ENTERTAINMENT

Coleraine County Court
9 September 2003
Judge Keegan

This action was contested at Coleraine Court before his Honour Judge Keegan. We acted on behalf of the Defendant. The Plaintiff issued a Civil Bill against the Defendant claiming £5,000 damages for personal injuries, loss and damage sustained by the Plaintiff as a result of an accident that occurred on the Defendant's premises.

The Plaintiff's evidence was given by her mother. On the day of this incident the Plaintiff's mother and stepfather were at the Defendant's premises with 18 other children when the Plaintiff's mother witnessed the incident involving her daughter. She stated that on coming down the slide the Plaintiff tipped over on her left side and collided with a hook. She claimed that there was no padding area and there was no safety guard on the slide. The Plaintiff's stepfather also gave evidence to the effect that there was no supervisor present, no safety guard and the slide was narrower.

The Plaintiff's Engineer stated that when he examined the slide, it met with safety standards. He did state however that if the safety guard was not present it would be extremely dangerous.

The Defendant's evidence was that there was never a question of the frame being narrower. They also stated that the slide was always supervised and there was always a guard on the slide and padding. They added that it would have taken a team of men to remove the guard.

Judge Keegan, in his judgment confirmed that he accepted that the slide, at the time of the accident was as shown on the photographs taken by the Plaintiff's engineer and he did not accept there was no padding. He therefore accepted the engineer's assessment that the slide was safe.

Judge Keegan consequently dismissed the Plaintiff's case with the usual order as to costs in respect of a legally assisted Plaintiff.