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A woman who lost a case in Superior Court and an appeal due to an accident on an exciting vacation trip will have to pay the costs of the appeal, the Court of Appeal has decided.
Siobhán Kellett was previously ordered to pay the costs of the two-day hearing of her case in Superior Court, filed after she broke her elbow while on a “White Knuckle” boat trip while on a shore excursion while 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 Freedom of the Seas cruise ship and was allegedly responsible for the excursion.
He also sued Panther Associates Ltd, which is listed on Tour America, Middle Abbey Street, Dublin, where he booked the vacation.
Kellett, a dance teacher, lost her action last year to the accident during the April 2016 cruise with her husband to celebrate his 50th birthday and silver wedding anniversary. The case lasted two days and he was ordered to pay the costs, but the order was suspended pending appeal.
Deferred
Last May, the Court of Appeal dismissed his appeal and postponed its decision on the costs of the appeal. In its recent ruling on those costs, the three-judge appeals court said there was no basis for an order dividing part of the costs between the parties.
The court entered an order for the costs of the appeal in favor of RCL and Panther Associates.
In Superior Court, Ms. Kellett said she was thrown out of her seat and her elbow struck 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.
She claimed not to provide any or any adequate safety restraints, harness or belts on the jet boat to ensure that passengers were safe from injury. The claims were denied.
The Supreme Court Justice said that he could not find that Ms. Kellett’s injury happened as a result of negligence on the part of the tour operators in relation to the condition of the ship and that he could not find any liability on the part of the accused.
Mrs. Kellett was unable to remain seated as ordered; as a result she was injured and this, unfortunately, was simply an injury that occurred in the course of strenuous activity, the judge said. The Court of Appeal agreed.
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