Judge: School fall was an accident, pure and simple

A 22-year-ancient university student could face a hefty legitimate bill after she yesterday lost her High Court plot for an injury sustained while playing hockey at seminary.

Ailbhe Cole slipped on wet grass in the same manner with she retrieved a ball that had gone used up of play. Mr Justice Raymond Fullam said it was “an accident, fair and simple.”

“Strange in the same manner with it may seem, accidents can turn up where ‘somebody else’ is not to reprehend. This was such an occasion,” he related, adding: “Sport is an grave part of education in schools and not reasonable just in developing healthy minds in health-giving bodies. If schools were to subsist made legally responsible for pupils slipping put ~ wet or mucky grass in the conduct of outdoor games, it would be impossible to include any outdoor plaything on the curriculum.”

Ms Cole was a Leaving Certificate learner at Sisters of St Joseph of Cluny, Killiney, Dublin, and was schooling and playing hockey onthe shale and gritstone pitch when the accident happened adhering November 19, 2012.

Ms Cole of O’Rourke Park, Sallynoggin, Dublin, after this a UCD pharmacology student, had sued Sisters of St Joseph of Cluny, Ballinclea Road, Killiney. She claimed there was an alleged failure to introduce into office sufficient lighting for the playing room and that hockey had been allegedly allowed to have existence played in the absence of satisfactory lighting. It was further claimed the mould around the kerb area of the hurl was slippery. The claims were denied and the bring under subjection contended training only occurred, light permitting. The court heard the chide has since got a new cast and facilities.

Dismissing the case, Mr Justice Fullam related Ms Cole’s injury was not caused being of the cl~s who a result of any negligent act or ommission without interrupti~ the part of the school or ~ one deficiency in the facilities provided ~ means of the school. “Specifically the harm was not caused as a product of a training session being held in obscurity or inadequate light or because in that place was some structural defect or springe in the grass perimeter,” the pass judgment said.

Ms Cole’s counsel, Niall Beirne, asked that costs not be awarded against the student as he declared she was starting out in her ripened life. Mr Justice Fullam said costs come the event, but he was as~d the sides would be able to arrive to some agreement.

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