Gymnast Sues Trampoline Park for Negligence

Gymnast Sues Trampoline Park for Negligence

One of Zimbabwe’s most promising gymnasts, Rebecca Conlon, suffered a tragic accident at a trampoline park in Harare last year that left her with a broken neck and fractured spinal cord.

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Now her guardian has sued the trampoline park owners for more than US$6 million damages to cover medical and lifetime expenses alleging the accident was caused by their negligence, an allegation that forms the heart of the civil suit and which needs the judge to decide on the evidence presented.

The 17-year-old gymnast was tipped to reach the top echelons of the sport, having already represented her country with distinction in regional and international competitions.

Last week the High Court ruled in favour of continuing with the civil trial, denying the trampoline park owners' bid to quash the lawsuit by Rebecca's guardian Mr Ross Conlon seeking over US$6 million in damages.

Gymnast Sues Trampoline Park for Negligence

The Trampoline Park's lawyer, Advocate Tawanda Zhuwarara, applied for absolution from the instance at the close of Mr Conlon's case, arguing that Mr Conlon's claim was based on gross negligence by the trampoline park, but evidence led focused on negligence.

He also said no amendments were made to the claim hence the court could not grant the greater part of the claim for gross negligence as it was not pleaded.

Advocate Thabani Mpofu, Mr Conlon’s lawyer, countered saying Trampoline Park owed a duty of care to patrons as a matter of public policy. He said breach of duty requires establishing fault, which can be based on negligence or intention.

He said no distinction was made between negligence and gross negligence in fault requirement.

In his ruling Justice Paul Siyabona Musithu said absolution was not applicable in the present case, finding that Mr Conlon had set out a prima facie case, satisfying aquilian action requirements.