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.