A 15-year-old girl, who suffered an electric shock while exiting from a jacuzzi in her swimwear, was, unknown to her parents, used in a training video shown to staff at a gym where the incident happened, it has been alleged.
Circuit Court president Mr Justice Raymond Groarke said he would be very upset were it to be proven to the court that Roisin Moore, now 16, had featured in a CCTV recording of the incident in which she could be clearly identified.
Conor Kearney, counsel for Roisin, of Temple View Copse, Clarehall, Dublin, said that apart from her physical injuries, her solicitor, Blake Horrigan, had learned since the September 2016 incident that she had featured in a training video.
Mr Kearney said Roisin had suffered a frightening incident of electric shock due to the presence of a faulty floor light and had been thrown backwards, in the air, into the jacuzzi at Sportslink, Swords, Co Dublin.
Roisin’s mother, Melissa Boxwell, told the Circuit Civil Court in a sworn statement that her daughter was in her bathing clothes and had just stepped from the jacuzzi when she received “a severe electric shock”.
Ms Boxwell said Roisin was brought to the emergency department of Temple Street Children’s Hospital where she was treated for spasm in her body and hand.
Since the incident, Roisin had complained of chest pain, palpitations, and cramps in her legs.
While she went to school the following day, she found she suffered cramp in her right leg during physical exercise and while playing a game of badminton.
Mr Kearney said Sports-link had made a settlement offer of €15,000 to include legal costs, with an extra €1,000 for special damages, but that he was not recommending it to the court because of concern there might be ongoing psychological injuries arising from what had been a very frightening accident.
Mr Kearney said Roisin and her mother had been upset to find that the gym used CCTV footage of the incident for training purposes without their consent and, in his view, this could lead to a finding by a trial judge that the gym had aggravated the situation with the potential for punitive damages.
Mr Justice Groarke adjourned an application for the court’s approval for five weeks to allow for further talks with the defendant.
“I would be very upset if I felt that CCTV was used in a situation where Roisin was videoed in her swimwear for staff training purposes,” said the judge.
“That would considerably enhance any settlement the court might be asked to approve.”
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