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A woman who has lost a High Court case and an appeal for an accident during a thrill ride during a vacation will have to pay the costs of the appeal, the Court of Appeals decided.
Siobhán Kellett had previously been ordered to pay the costs of the two-day High Court hearing of her case, brought after fracturing her elbow on a “White Knuckle” boat ride during a shore excursion on a Caribbean cruise. .
Ms Kellett, Rockfield Green, Maynooth, Co. Kildare, had sued the British company RCL Cruises Ltd of Weybridge, Surrey, which operated the cruise ship Freedom of the Seas and which, it was alleged, was in charge of excursion.
He also sued Panther Associates Ltd, which operates as Tour America, of Middle Abbey Street, Dublin, where he booked the holiday.
Ms. Kellett, a dance teacher, lost her action last year due to the accident while cruising with her husband in April 2016 to celebrate her 50th birthday and silver wedding anniversary. The case lasted two days and she was sentenced to pay the costs, but the order was suspended pending appeal.
Deferred
Last May, the Court of Appeal dismissed his appeal and postponed the decision on the costs of the appeal. In its recent ruling on these costs, the three-judge appeals court said there was no basis for an order to divide the share of the costs between the parties.
The court issued an appeal fee order in favor of RCL and Panther Associates.
In the High Court, Ms Kellett said she was thrown from her seat and banged her elbow against the metal side of the jet boat during two 360-degree maneuvers of the boat ride. It was part of an excursion the couple took when their cruise ship docked at St Maarten in the West Indies.
He claimed that he did not provide any or any safety restraint device, harness or adequate belt on the jet boat to ensure passengers were safe from injury. The claims were denied.
The High Court judge said he could not find that Ms Kellett’s injury occurred as a result of negligence on the part of the excursion operators in relation to the condition of the boat and could not find any responsibility from part of the defendants.
Mrs. Kellett was unable to sit up as she was instructed to do; she was injured as a result and this, unfortunately, was simply an injury that occurred in the course of vigorous activity, the judge said. The Court of Appeal agreed.
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