Damages Claim From Man (24) Who Fractured Elbow in PE Class in 2015 Dismissed.
A man has lost his High Court action seeking damages for breaking his elbow when he was 15 after running into a wall during a Physical Education (PE) class in school.
The court heard how the man, who is now 24, claimed to have fractured his elbow in 2015 after stumbling during a sprint and crashing into the wall of his school’s gym hall in Gorey, Co Wexford. He claims to have remembered hitting the wall, and then waking up shortly afterwards.
Surgeries for Elbow Fracture
Despite no pain or concussion symptoms, the boy’s teacher performed concussion protocol. He was then taken to hospital due to elbow pain, and later had to undergo two surgeries for an elbow fracture. He remained in the hospital for three days as an inpatient following the incident.
In his action, the complainant claimed that the PE teacher had breached his duty of care by not expressly informing him to not run into the wall during the exercise. While the teacher did not deny that this instruction was not expressly stated, he did explain where to start the race, where to turn, and where to rejoin the line.
Cone Placed Away from Wall
Recounting his own recollection of the incident, the teacher stated that the boy had been sprinting towards a cone, which he had been told to run around, but that he had lost his balance before turning. Due to the potential risk of injury, the teacher said that the cone had to be placed a reasonable distance from the walls of the gym.
Of the conflicting claims between the complainant and the teacher, Ms Justice Marguerite Bolger said that she agreed with the defendant’s account of the event, finding him to be a credible and reliable witness.
Regarding the complainant’s claim that he had not been given explicit instructions to not run into the wall during the exercise, Ms Justice Bolger said that the teacher “was not required to furnish an express instruction to the 15-year-old plaintiff not to run into the wall, which was a distance from the designated start/end cone”.
Satisfied that the complainant had not established any negligence or a breach of duty of care by the teacher, Ms Justice Bolger dismissed the claim.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
