A circus performer has had her work injury compensation case struck out. Amanda Bratby sustained an injury to her back when steel tubing came loose and struck her prior to a big top grand finale.
She told the court that, after her trapeze act, she was waiting for the grand finale to begin with the other circus performers at the rear of the main circus stage when the accident occurred.
Ms Bratby said that she was picking up her work shows for the grand finale when she was struck by the steel tubing, which is usually used to make the tight wire secure, after it became loose.
Ms Bratby (aged 53) took the work accident compensation action against Fossett Brothers Circus Ltd for the suffering she sustained in the accident on October 11, 2012. Fossetts accepted liability for the action and the legal case was before the court for assessment of damages only.
Ms Bratby’s legal representatives stated that their client was hade her work life severely impacted due to stiffness and pain and could not achieve an earning capacity similar to her pre-accident level. She was unable to continue being employed as a trapeze artist with the same self-assured nature following the accident.
Prior to the accident occurring Ms Bratby has, the court was told, ambitions to become a circus ring master.
During a work tour in the Netherlands not long after the accident occurred and she participated in nine performances. However, could only carry out basic tricks on the trapeze and without using the swing.
Legal representatives for Fossetts made the argument that she (Ms Bratby) earned two and a half times more after the accident than prior to it. When cross examined Ms Bratby said that she could not stand over her claims that she had experienced a loss of income in the aftermath of being injured.
Presiding judge Justice Bronagh O’Hanlon gave the parties five minutes recess for parties to consider next steps and following this time period, Ms Bratby’s legal representatives told her that the work accident compensation action be struck out.