HARARE – The High Court has awarded over US$1.6 million in damages to a promising young gymnast left in a near vegetative state following a catastrophic accident at a theme park.
The judgement is thought to be the biggest personal injury award under Zimbabwe’s traditionally conservative damages regime.
Justice Siyabona Paul Musithu of the Harare High Court found Rebecca Nezuru Conlon’s life-altering injuries at Jump Trampoline Park during an incident on January 6, 2023, were caused by negligence, and the facility was liable to pay damages.
The ruling, however, is now under challenge after the theme park lodged an appeal seeking to overturn both liability and the quantum of damages.
Justice Musithu held that Jump Trampoline Park owed a clear duty of care to users, particularly minors, noting that the environment was inherently hazardous and required heightened supervision.
“The defendant owed a duty of care to the plaintiff to act positively and reasonably to prevent physical harm that was reasonably foreseeable,” the judge said, adding that it was undisputed that the facility was “frequented mostly by minor children” and presented “a potentially hazardous environment.”
The court found that extra supervision was necessary because children are prone to “unpredictable and erratic bouts of behaviour,” concluding that Conlon had proved negligence on a balance of probabilities. 
Evidence showed staff had failed to warn Conlon on the day of the accident despite recognising dangerous jumping behaviour, while indemnity clauses relied upon by the park did not shield it from liability for negligence. 
Medical evidence described devastating injuries that ended a promising sporting career and left Conlon permanently disabled.
“The accident left the plaintiff in a near vegetative state… she has no use of her limbs,” Justice Musithu noted, adding that she now requires constant monitoring, specialised medical management and lifelong care. 
The court heard that Conlon, who had become an accomplished gymnast at a young age and was preparing for international competition, lost all prospects of continuing her athletic career.
“All the dreams that she harboured for the future were shattered in a flash,” the judge said when assessing damages for loss of amenities of life. 
While Conlon initially sought more than US$6.3 million in damages, the court awarded various sums under different heads, including compensation for pain and suffering, loss of amenities, shortened life expectancy, medical expenses and future care.
Justice Musithu acknowledged the inherent difficulty in quantifying such loss, noting that courts are required to perform the “perplexing” task of translating physical injury into monetary compensation.
“It must be recognised that translating personal injuries into money is equating the incommensurable; money cannot replace a physical frame that has been permanently injured,” the judge said. 
Despite Zimbabwean courts historically tending towards conservative awards, the judge emphasised that precedent should not prevent higher damages where justified.
“It is not entirely correct that the court cannot make an award which differs significantly from what courts have awarded in the past… The value of human life is priceless,” Musithu said.
The court awarded damages of $1,607,939.
On February 12, Jump Trampoline Park filed a notice of appeal challenging both the finding of negligence and the level of compensation awarded.
The appeal sets the stage for what could become a significant test of damages principles in catastrophic injury claims under Zimbabwean law.
Conlon is represented by Advocate Thabani Mpofu while Advocate Tawanda Zhuwarara appeared for Jump Trampoline Park.
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