A woman who claimed she was “thrown around like in a tumble dryer” and sustained an alleged brain injury when zorb balling at a summer camp when she was 10 years old has settled a High Court action for €1 million.
It was alleged that a safety harness around the child inside the zorb ball had failed and she was allegedly thrown around inside the zorb ball in an unsupported and unrestrained manner.
The company which organised the summer camp, Let’s Go! Summer Schools Ltd, with registered offices at Rustic House, Sraleigh, Waterfall, Co Cork, vehemently denied the woman’s version of events and that she suffered an injury in the manner alleged.
A teacher who was present when the zorb ball was pushed down a ramp and rolled across a basketball court at the summer camp the High Court heard would say nothing happened and everything was normal. Mr Justice Paul Coffey was also told that a child strapped in to the same zorb ball didn’t remember anything out of the ordinary happening.
The now 22-year old woman cannot be identified by order of the court.
The court heard her family had over the years taken her all over Europe to see if something could be done for her or if her alleged condition could be linked to the zorb balling. One doctor in Colorado was of the opinion she suffered an alleged brain injury but experts here were not of that opinion.
Her counsel, Bruce Antoniotti SC, told the court the child was attending a multi sports camp in the Dublin area and got into a zorb ball with another child. He said the incident or “whatever occurred” was in July 2013.
Mr Antoniotti said the case pleaded was that the restraint strap for some reason fell and the child was “thrown around like in a tumble dryer “ and she was screaming as the zorb ball revolved until it came to a stop.
The company he said does not accept there was an incident as pleaded and denied that a safety harness allegedly failed or she was thrown around inside the zorb ball. It further denied that the woman’s injuries arose from a lack of restraint or support within the zorb ball.
Mr Antoniotti told the court that he did not believe they could win the case and he said there were no witnesses to corroborate the woman’s account. He also told the court the other child in the zorb ball “doesn't remember anything out of the ordinary occurring.”
He said a teacher who was there would say there was no evidence either child was out of their restraints and everything was normal. Mr Antoniotti said Let’s Go! Summer Schools was still in operation since 2005 and would say that thousands of children had been using zorb balls without any difficulty.
Mr Antoniotti said the mediator appointed in the case was also satisfied the teachers on the scene would be believed and if the case went to trial, it would be dismissed.
Mr Justice Coffey said he had to look at the litigation risks involved and he said a highly experienced senior counsel had outlined the situation in relation to liability. The judge said one has to stand back and see if she if the woman was to recover in relation to any alleged deficits or for her needs, “she must first pass the turnstile of liability.”
The judge said there was an “overwhelming litigation risk” in the case and he noted the evidence of two teachers who were on the scene.
Approving the settlement, he wished the woman and her family well.
