A man who claims he got stuck in the mud at the Oxegen Festival and was knocked over, fracturing his ankle, has sued the concert promoters.
Mark Ponisi said he fell face down in squelchy mud at Oxegen 2007 which reached to up just under the ankle of his wellingtons and was about three inches high.
American rock bank Kings of Leon were on stage when Mr Ponisi, who works in Information Technology, claims he was left screaming in pain with a fractured ankle.
Mr Ponisi (36), Roselawn, Tipper Road, Naas, Co Kildare, has sued MCD Productions Ltd, promoter of Oxegen 2007 in Punchestown, Co Kildare.
On July 7th 2007, he was lawfully at the festival when his feet became caught in mud where he was unable to move during a surge in the crowd and as a result he fell violently to the ground and sustained injuries, it is alleged.
MCD, it is alleged, failed to take any or any reasonable care to ensure Mr Ponisi would be reasonably safe while attending the festival and allegedly exposed him to a surface area dangerous and unsafe and unsuitable for an outdoor event.
It was also alleged MCD provided a place for observation of the performance of Kings of Leon which was not firm underfoot and was hazardous, dangerous and unsafe. The promoter also allegedly provided a surface constituting an unusual, concealed and hidden danger and trap.
MCD denies the claims and also pleads Mr Ponisi failed to exercise any or any adequate caution for his own safety.
In evidence yesterday, Mr Ponisi said he was standing chatting when he was knocked down and trampled. “I was just standing looking at the stage and having a conversation when somebody from behind me knocked me over.”
Steven Keane, who was with Mr Ponisi, said the ground was very mucky and “disgraceful.”
When the accident occurred, he and Mr Ponisi were 100 metres from the stage. “I had runners on, it was not the proper footwear. No matter where I put put my feet they were sinking into the mud. I had to keep pulling my feet out,” he said. The “next thing we knew, we were on the ground”, he said, and Mr Ponisi was screaming his ankle was broken.
Mr Keane said he had been to at least two festivals a year since he aged 17 and he thought the surface at Oxegen 2007 was “disgraceful.”
In hospital, it was found Mr Ponisi’s ankle was fractured. He later had surgery involving a metal plate and screws being inserted.
Mr Pat Culleton, an engineer, said June 2007 had been very wet and it was inevitable a heavy traffic area of the festival grounds on July 7th would turn to mud. The area should have been covered in plastic type tiles, he said.
“There was no reason they could not have been used apart from expenditure. The ground was untreated and it turned into a quagmire,” he said. He agreed rubber matting had been placed within a forty metres radial distance from the stage.
Event safety engineer Michael Slattery, who was involved in the safety aspects of the festival, said he had walked the site on the day in question and considered it was safe to open the doors. Drainage was quite good at the Punchestown site, he added.
Ms Justice Mary Irvine will give judgment in the case next week.