Christine Ensby with a photograph of her granddaughter, Chloe. Mrs Ensby says the family will not be taking legal action of it
Christine Ensby with a photograph of her granddaughter, Chloe. Mrs Ensby says the family will not be taking legal action of it

Family won?t sue over dead toddler

By ALEX EASTON

THE family of toddler, Chloe Ensby, has welcomed a court ruling branding Richmond Valley Council negligent for building a playground next to the pond in which she drowned.

But Chloe's grandmother, Christine Ensby, said the family would not pursue legal action of its own.

Lismore Civil Court this week awarded $26,000 to Casino resident Heather Donoghue for post-traumatic stress caused by seeing Chloe fall into an open pond next to a playground and near her parents' home in North Casino in April, 2001.

Ms Donoghue would not speak yesterday, with her solicitor, James Fuggle, saying she wanted to keep a low profile. Mr Fuggle declined to say how Ms Donoghue planned to spend the money, but said she had plans to use it for 'something appropriate'.

Fellow North Casino Residents Action Group member and friend, Roslyn Zemcevicius, said the case had never been about money.

Ms Zemcevicius said Ms Donoghue had pulled Chloe from the pond and tried to resuscitate her. The three-year-old's death had taken a heavy toll.

Mrs Ensby yesterday said she now held little hope of the council fencing the pond, in line with requests from the community dating back to 1988 and with a recommendation from the the State Coroner after an inquest into Chloe's death.

"I would still like the council to secure that pond so no other child or parent or grandparent would have to go through what we went through," she said.

The family decided against pursuing legal action to protect Chloe's siblings, who were present when she died and remain badly traumatised.

"We feel they have been through enough," she said. "At the moment I'm the only one who knows anything about it. I haven't said anything to the children, and I don't think I will because it will just bring it all back up for them."



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