Dance teacher who fractured elbow on 'White Knuckle' ride must pay all costs of failed case
A woman who sued and lost her High Court action after she fractured her elbow when she took a Caribbean cruise shore excursion called a White Knuckle Jet Boat Thrill Ride now faces a large legal costs bill.
Mr Justice Anthony Barr ruled today that dance teacher Siobhan Kellet must pay all legal costs of her failed two-day action before the High Court.
The judge granted a stay on the costs order for 28 days in case an appeal is lodged.
Dancing teacher Ms Kellett was on a seven-night €3,674 Caribbean cruise to celebrate her 50th birthday along with her silver wedding anniversary when the accident happened on a shore excursion.
She said she was thrown out of her seat and banged her elbow against the metal side of the jet boat during two 360 degree manoeuvres of the White Knuckle Boat Ride when the couple took the pre-booked excursion when their cruise ship docked at St Maarten in the West Indies.
Siobhan Kellett (53) Rockfield Green, Maynooth, Co Kildare had sued British company RCL Cruises Ltd of Weybridge, Surrey who operated the cruise ship Freedom of the Seas and it was claimed was responsible for the excursion in St Martin in the West Indies called "The White Knuckle Boat Ride" as a result of her accident
She also sued Panther Associates Ltd trading as Tour America of Middle Abbey Street, Dublin where she booked the April 2016 holiday.
She claimed there was an alleged failure to provide any or any adequate safety restraints, harness or belts on the jet boat to ensure passengers were kept safe from injury.
The claims were denied.
Earlier this month Mr Justice Barr dismissed Ms Kellett’s action against the cruise operator and the travel company where she booked her holiday. The judge said he could not find that Ms Kellett's injury happened as a result of any negligence on the part of the excursion operators in relation to the condition of the boat and he could not find there was any liability on the part of the defendants.
Finding there was no negligence for failure to provide restraints like a harness, Mr Justice Barr said given the risk of capsizing, one could not have such restraints in use on a boat as that could lead to fatalities if the boat were to capsize.
The judge found there was no negligence in the failure to provide sidebars and the judge said he declined to find the boat owner was negligent for failing to put padding along the side of the boat.
Mr Justice Barr also ruled he could not hold the injuries suffered were attributable to any negligence on the part of Ms Kellett.
