A Brisbane man has won a huge payout after bouncing on a trampoline and suffering a life-changing injury on Christmas Day 2017.
Exercise physiotherapist Phillip Forostenko, 41, was a fit father of two, with another on the way, when the shocking injury occurred at his sister’s home.
But more than six years later, he has been awarded nearly $750,000 in compensation for past and future economic losses caused by the injury after he sued the manufacturer.
During the Christmas visit to his sister, Mr Forostenko discovered that she had bought an oval O92 trampoline of the Springfree model, so he climbed up to try it out as an ‘experienced and enthusiastic user (and owner) of trampolines’.
A “somewhat wayward jump” sent him landing on the edge of the trampoline mat on the web, which covered a frog that acted as a ball joint, a Supreme Court ruling on May 28 found.
Brisbane man Phillip Forostenko (pictured) has won a big payout after bouncing on a trampoline and suffering a life-changing injury on Christmas Day 2017
“Upon landing, he felt the hardness primarily under the right outer side of his right foot, approximately halfway down the length of his foot,” the decision said.
“There was immediate pain.”
It later emerged that Mr Forostenko had suffered a fifth metatarsal fracture, which did not heal properly and later required surgery, reported 7News.
He subsequently developed an infection that required hospitalization and antibiotics, and subsequently underwent further surgery in June 2018.
The injury didn’t allow him to perform the full duties of his physical therapy job until a month later, but the pain forced him to take more time off.
Mr Forostenko said he continues to suffer from ‘significant ongoing pain’ and has had to adapt his work as a result.
He said he feels like he is a “different person” now because his emotional health has also been affected by the injury.
There were no relevant safety warnings on the trampoline, the physiotherapist told the court.
It was advertised as having ‘no hard edges to land on’ and that it was one where people could ‘jump safely to the edge’.
The Supreme Court ruled that his injuries were caused by a safety error.
More than six years later, Mr. Forostenko has been awarded nearly $750,000 in compensation for past and future economic losses resulting from the injury after suing the manufacturer (an example of a Springfree trampoline is pictured)
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 yellow banded edges did not indicate the need for caution in this area.
Mr Forostenko sought damages of about $3.92 million, but the manufacturer argued he should pay no more than about $160,000.
Judge Melanie Hindman ruled in favor of the injured man and awarded him $744,175, including $388,763 for his past economic losses and $225,000 for future economic losses.