HIGH COURT ORDERS JUMP TRAMPOLINE PARK TO PAY US$1.6 MILLION IN LANDMARK INJURY CASE

Gymnast left ‘near vegetative’ after 2023 accident at Pomona facility; Theme park files appeal

Friday 13 February 2026
Zim GBC News | Crimes and Courts

HARARE – The High Court has awarded a record US$1.6 million in damages to a young gymnast who was left permanently paralysed following a catastrophic accident at Jump Trampoline Park in Pomona, in what legal experts are describing as the largest personal injury payout in Zimbabwean history.

Rebecca Nezuru Conlon, a promising athlete who was preparing for international competition, broke her neck and fractured her spinal cord while jumping at the facility on 6 January 2023.

The 23 January 2026 judgment by Justice Siyabona Paul Musithu found the park liable for negligence, awarding the family US$1,607,939 in damages.

However, the victory is now under threat. On 12 February 2026, Jump Trampoline Park filed a notice of appeal with the Supreme Court, challenging both the finding of liability and the quantum of damages.

‘They watched and did nothing’ — Judge slams park supervision

In his ruling, Justice Musithu delivered a scathing assessment of the park’s safety failures, finding that staff had observed dangerous behaviour but failed to intervene.

“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 stated.

The court heard that Jump Trampoline Park was frequented predominantly by minors and constituted a “potentially hazardous environment.” Justice Musithu emphasised that heightened supervision was necessary because children are prone to “unpredictable and erratic bouts of behaviour.”

‘Her future was shattered in a flash’ — The human toll

The judgment painted a devastating picture of Conlon’s condition. Despite receiving treatment in both Zimbabwe and South Africa, she remains permanently paralysed, requires lifelong specialised care, and has no use of her limbs.

“All the dreams that she harboured for the future were shattered in a flash,” Justice Musithu wrote.

“The accident left the plaintiff in a near vegetative state.”

Advocate Thabani Mpofu, who led Conlon’s legal team, had initially sought US$6.37 million under Aquilian action. While the award fell short of that figure, legal observers note it represents a seismic shift in Zimbabwe’s historically conservative approach to personal injury damages.

Breakdown of the record award

The court awarded damages under the following heads:

Head of Damage Amount (US$)

Pain and suffering $300,000
Loss of current and future amenities $200,000
Shortened expectation of life $200,000
Disfigurement $80,000
Loss of professional earnings $180,000
Loss of earning capacity $150,000
Current medical and hospital expenses $170,000
Future medical and hospital expenses $327,939
TOTAL $1,607,939

Justice Musithu acknowledged the inherent difficulty of compensating a destroyed life.

“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,” he said.

Rejecting arguments that the award departed excessively from precedent, the judge added: “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.”

‘We are appealing’ — Theme park contests judgment

Jump Trampoline Park, represented by Advocate Tawanda Zhuwarara, denied negligence throughout the trial and sought to rely on indemnity clauses signed by users. The court dismissed this defence, finding that indemnity provisions did not shield the facility from liability arising from its own negligence.

Zhuwarara has since filed an appeal with the Supreme Court. The park has not issued a public statement regarding the appeal or confirmed whether it will continue operating during the pendency of legal proceedings.

Legal experts hail ‘watershed moment’

Practitioners have described the judgment as transformative for catastrophic injury litigation in Zimbabwe.

The Conlon family has not commented publicly since the appeal was filed.

Efforts to reach their legal representatives were ongoing at the time of publication.

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