Month: February 2018

Trapeze artist (53) sues Fossett Brothers Circus over Work Injury

A circus Trapeze artist has had her workplace compensation action struck out after she injured her back when a piece of equipment hit her during a big top grand finale.

Ms Bratby said she had finished her trapeze act and was standing with the other circus performers behind the main circus stage, waiting on the start the grand finale when the accident occurred.

Ms Bratby stated that she bent down low to put on her work shoes when a piece of steel tubing, normally used to secure the tight wire, struck her on the back after coming loose.

Aged 53, Ms Bratby with an address at Coolfore Road, Navan Co Meath sued Fossett Brothers Circus Ltd due to the accident that happened on October 11, 2012.
Liability had been accepted workplace accident legal action was before the court for assessment of damages only.

Following talks between the involved parties Ms Justice Bronagh O’Hanlon was advised by John Mc Donagh SC, for Ms Bratby, the workplace compensation case could be struck out.

As she had alleged there had been a failure to make sure a heavy prop was adequately secured and a claimed failure to provide a safe place in which to work.

Ms Bratby’s legal representatives argued that she (Ms Bratby) was severely restricted in her work as a result of stiffness and pain and could not achieve an earning capacity similar to her pre-accident level. She could not continue with her trapeze act as confidently she had before the accident.

After initially having to spend the three days immediately after the accident in bed and she said she still experiences back pain in her current job at a petting farm.
Ms Bratby told the court that, prior to sustaining the injuries, she had aspiration to become a circus ring master.

On a circus tour in the Netherlands not long after the workplace accident she took part in nine performances. However, she was only able to complete basic tricks on the trapeze and could not in position to use the swing. During 2013 she had a limited schedule due to her injuries.

However, when the argument that she (Ms Bratby) earned two and a half times more after the accident that before it was made by legal representative for Fossetts, Ms Bratby said that she could not stand over her claims.

The judge allowed five minutes recess for the parties to consider their position and, following this, Ms Bratby’s legal team advised her that the case could be struck out.

Street Assault Compensation Award of €710k for Attacked Barman

The Criminal Injuries Compensation Tribunal has awarded a Dublin barman €710,000 for traumatic brain injuries sustained in a street assault.

The injuries were suffered by Stephen Plunkett, now aged 32, from Blackrock, Dublin around 12 years when he was involved in what was termed ‘horseplay’ with a group of people. In the action that followed Mr Plunkett was chased and suffered blows to his head due to a fall and subsequent kicks to the head.

Mr Justice Kevin Cross Court approved the tribunal award to Mr Plunkett in relation to the suffering he sustained in the street attack which occurred at Torquay Road, Foxrock, Dublin on August 21, 2006.

The Court was advised that, as a sole member of the tribunal had determined that Mr Plunkett was 50% to blame and a street assault compensation award of €634,000 was re-evaluated as to the figure €317,000.

An appeal was brought to the High Court on behalf of Mr Plunkett. At this time all the details of the case were considered at a full oral hearing in front of a three-member tribunal.

The three-member tribunal remarked that, after examining the Garda report of the case the details indicated that Mr Plunkett verbally attacked a separate group of people earlier on in the night this seemed to have been settled by the shaking of hands between the groups.

It was claimed that Mr Plunkett, in appeared to strike a member of the other group on the back of the head with a light bamboo type stick, prompting them to chase him.

During the chase Stephen fell and hit his head. Member of the group are believed to have kicked him while he was on the ground.

It was determined, by the tribunal that Mr Plunkett should be admitted to the compensation scheme. As he was the victim of an assault and that he suffered his injuries following a criminal act.

It was also ruled that Mr Plunkett was, at least partially to blame for the incident and a deduction of 40pc was applied to the final award.

Mr Justice Kevin Cross approved the €710,000 street accident compensation award.