Sunshine Coast company Springfree Trampoline to pay legal fees over foot injury claim

A Sunshine Coast-based business ordered to pay a six-figure sum after a Brisbane physiotherapist’s suffered a horror foot injury must now dish out more money to cover his legal costs.

Brisbane physio Phillip Forostenko awarded damages after Springfree trampoline injury

A Sunshine Coast trampoline company has been ordered to pay for a physiotherapist’s legal costs after the Brisbane-based health worker was awarded almost $750,000 over a horror foot injury.

Phillip Forostenko fractured his foot on a Springfree Trampoline on Christmas Day in 2017 after testing out the product at his sister’s home.

Mr Forostenko’s right foot had come down near the edge of the mat on the webbing, which covered a cleat that acted as a ball joint and suffered a “fifth metatarsal fracture” in his foot.

He sued the manufacturer Springfree Trampoline Australia Pty Ltd claiming damages of about $3.92 million.

Springfree Trampoline Australia is a business based in Kunda Park on the Sunshine Coast.

The case was contested in a Supreme Court trial with the judgment handed down on May 28, 2024 in Mr Forostenko’s favour – the trampoline company was ordered to pay him $744,155 in damages.

Written submissions regarding the costs were then reviewed by Justice Melanie Hindman, a recent judgment revealed.

Mr Foronstenko pushed for Springfree Trampolines Australia to cover his legal costs and in a decision handed down on June 19 Justice Hindman determined the trampoline company would pay for Mr Foronstenko’s legal fees on a “standard basis assessed on the district court scale”.

Springfree Trampolines use flexible rods instead of springs to reduce injury.

Springfree Trampoline Australia had submitted for Mr Foronstenko to pay any costs the company had thrown away because of his claim amendments made throughout the court proceedings.

Justice Hindman noted the “underlying principle” that a party should compensate for any costs thrown away due to amendments.

Lawyers for Springfree Trampoline Australia submitted it would pay half of Mr Foronstenko’s legal costs citing reasons including that “significant parts” of Mr Foronstenko’s case which were pressed at trial did not succeed and his case which did ultimately succeed was pleaded shortly before or at trial.

After considering the submissions, Justice Hindman ordered Springfree Trampoline Australia to pay for Mr Foronstenko’s court proceedings to a standard basis as assessed by the district court bases.