A Brisbane man scored a huge win after bouncing off a trampoline on Christmas Day 2017, leaving him with a life-changing injury.
Exercise physiotherapist Phillip Forostenko, 41, was a father of two healthy children, with another on the way, when the shocking injury occurred at his sister’s home.
But more than six years later, after suing the manufacturer, he was awarded nearly $750,000 to compensate for past and future economic losses due to the injury he suffered.
During a Christmas visit to his sister’s house, Mr. Forostenko discovered that she had purchased a Springfree Model O92 oval trampoline, so he went up to try it out as an “experienced and enthusiastic trampoline user (and owner) “.
A “slightly erratic jump” caused him to land on the edge of the trampoline mat on the strap, which covered a cleat acting as a ball joint, according to a May 28 Supreme Court ruling.
Brisbane man Phillip Forostenko (pictured) scored a huge win after bouncing off a trampoline on Christmas Day 2017, leaving him with a life-changing injury.
“Upon landing, he felt a particularly concentrated hardness under the right outer side of his right foot, approximately halfway down the length of his foot,” the ruling states.
“There was immediate pain.”
It was later discovered that Mr Forostenko suffered a fractured fifth metatarsal, which did not heal properly and subsequently required surgery, 7News reported.
He then developed an infection requiring hospitalization and antibiotics, then underwent another operation in June 2018.
The injury prevented him from completing all duties of his physical therapy job until a month later, but he had to take more time off because of the pain.
Mr Forostenko said he was still suffering from “considerable and persistent pain” and had therefore had to modify his work.
He said he now feels like a “different person” as his emotional health has also been affected by the injury.
The trampoline did not have any relevant safety warnings, the physiotherapist told the court.
It was advertised as having “no hard edges to land on” and on which people could “safely jump to the edge.”
The Supreme Court found that his injuries were caused by a lack of safety.
More than six years later, Mr. Forostenko was awarded nearly $750,000 to compensate for past and future economic losses due to the injury after taking the manufacturer to court (an example of a Springfree trampoline is shown)
It found that the warning labels on the trampoline were insufficient and did not instruct users not to jump on the edges of the mat.
The court also found that the edges with yellow straps did not indicate that caution should be exercised in that area.
Mr. Forostenko sought damages of about $3.92 million, but the manufacturer argued that he should have to pay no more than about $160,000.
Judge Melanie Hindman ruled in favor of the injured man, awarding him $744,175, including $388,763 for his past economic losses and $225,000 for his future economic losses.