By Ann O'Loughlin
A special needs assistant who has not worked since a schoolyard accident three years ago has settled her High Court action.
Fiona Rosney today told a High Court judge she suffers pain every day since the accident when she fell over and hit her head off the ground during a third class PE game of tag rugby in the primary school yard.
‘I had terrible terrible pain in my neck shoulder and arm. I am in constant pain I suffer every day with it,” she said.
Before the accident she said she was a hardworking person who got on with people. She said she loved her job.
"I loved helping children. It was my life," she added.
Ms Rosney, Kilmalogue Gardens, Portarlington,Co Laois had sued the board of management of St Patrick’s primary school, Hazelhatch, Celbridge, Co Kildare as a result of the accident on October 14, 2015.
She told the court there were "children running in every direction" and that a child ran towards her, colliding with her and the visually impaired child in her charge.
Ms Rosney claimed there was an alleged failure to organise the PE class in a pitch that was more appropriate to such a sporting activity. She further claimed there was an alleged failure to plan or adequately plan the PE class. The school denied all the claims and contended the children were in groups of eight at any one time playing the tag game which it said has been passed by the Department of Education as a suitable exercise and skill game for primary school children.
Ms Rosney said she gets upsets when she thinks about the accident.
She told the court she thought the game might be dangerous but she did not feel in a position to say anything.
"I was a nobody,"she said and said it might look as if she could not do her job.
She said it all happened so fast and she was so upset the visually impaired girl had fallen. She said she was brought to the staff room and people there were very kind and the principal drove her to a doctor.
She later had to have five stitches to the wound above her eyes and she said her hand was "very, very sore".
When the case resumed this afternoon, Ms Justice Bronagh O’Hanlon was told it had been settled and could be struck out.
