| 5°C Dublin

Woman has to pay costs after thrill ride accident appeal fails

Close

Siobhan Kellett said she was thrown out of her seat

Siobhan Kellett said she was thrown out of her seat

CollinsPhotoAgency

Siobhan Kellett said she was thrown out of her seat

A woman who lost a High Court case and a subsequent appeal over an accident on a thrill ride during a holiday will now also have to pay the costs of the appeal.

Siobhan Kellett fractured her elbow during a White Knuckle Boat Ride during a shore excursion while on a Caribbean cruise.

Ms Kellett, of Rockfield Green, Maynooth, Co Kildare, had sued British company RCL Cruises Ltd of Weybridge, Surrey, which operated the cruise ship Freedom of the Seas and which, it was claimed, was responsible for the shore excursion.

She also sued Panther Associates Ltd, trading as Tour America, of Middle Abbey Street, Dublin, where she booked the holiday.

Ms Kellett, who works as a dance teacher, lost her High Court action last year over the accident during the April 2016 cruise.

She had travelled with her husband to celebrate her 50th birthday and silver wedding anniversary.

The case ran for two days and she was ordered to pay the costs.

A stay was put on the order pending appeal.

Last May, the Court of Appeal dismissed her appeal. The issue of the costs of the appeal was deferred.

In a judgment on the question of costs, the three-judge appeal court said the Kellett side had not prevailed on an identifiable issue of law and there was no basis for an order splitting the share of costs between the parties.

The court said the appeal stands dismissed with an order for the costs of the appeal in favour of RCL and Panther Associates.

Harness

In the High Court, Ms Kellett explained how she had been thrown out of her seat and banged her elbow against the side of a jet boat during two 360-degree manoeuvres of the White Knuckle Jet Boat Thrill.

It was part of an excursion the couple took when their cruise ship docked at St Maarten in the West Indies.

She claimed there was an alleged failure to provide any, or any adequate, safety restraints, harness or belts on the jet boat to ensure passengers were kept safe from injury.

The claims were denied.

The High Court judge said he could not find that Ms Kellett's injury happened as a result of any negligence on the part of the excursion operators in relation to the condition of the boat and could not find there was any liability on the part of the defendants.

Ms Kellett was not able to keep herself seated as she had been instructed to do and as a result she injured herself.

Unfortunately, it was simply an injury that happened in the course of a vigorous activity, the judge said. The Court of Appeal agreed with the decision.


Privacy