€25k for model over inch-long scar on her foot
Barrister Elizabeth Enright told a judge yesterday that broken tiles under the water line in a swimming pool had acted like a potato peeler when Shonagh Molloy kicked off from the wall while making a turn.
Ms Enright said the incident had lacerated the heel of Shonagh’s right foot down to the tendons and she had to be rushed to Temple Street Children’s Hospital. Sutures had been applied under local anaesthetic and were taken out after a week.
Judge Alison Lindsay in the Circuit Civil Court heard that during maintenance of the pool a hole had been left in the sidewall with broken, jagged tiles which caused the injury.
Ms Enright said Shonagh, of Estuary Court, Swords, Co Dublin, had been swimming on her 14th birthday, June 10, 2010, in the pool at Trinity Sports and Leisure Club, Hole in the Wall Rd, Donaghmede, Dublin, when the accident happened.
She had received first aid before being taken to hospital.
The court heard that Shonagh was registered to a modelling agency and was self-conscious about the inch-long scar which changed colour and texture in varying temperatures.
Doctors said it would be permanent but would constitute only a mildly disfiguring blemish which Shonagh preferred to keep covered by the style of shoe she wore. Her future on the catwalk would not be adversely affected as she walked normally.
Ms Enright said Trinity Sports & Leisure Club, which trades as Contessa Insurance Limited, had not contested liability and the Injuries Board had assessed damages at €25,000. Shonagh’s claim, processed by solicitors JF Proctor, was taken on her behalf by her grandfather, William Abbott, of Coultry Avenue, Santry, Dublin.
Ms Enright told Judge Lindsay she was recommending acceptance of the €25,000 assessment and €500 expenses together with legal costs.
The court approved the assessment and directed that the money be paid into court funds until Shonagh was 18.
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