A FORMER weightlifting champion who claimed he was unable to work because of injuries suffered during a jujitsu martial art session has lost his High Court action for damages.
Neil Bradley (40), Lammy Walk, Omagh, Co Tyrone, had sued Letterkenny Community Centre Limited, Co Donegal, and Josie Murray, a jujitsu champion who provided classes at the centre.
Mr Bradley told the court the injuries occurred when he was engaged in a “take-down procedure” with an opponent on November 22nd, 2005, at the centre. As they attempted to knock the legs from under each other, mats that had been locked together moved and his foot went between them, he said.
As he tried to return his right leg to the ground, he suddenly felt something in his knee and fell down in “unbelievable” pain, he said. He went into hospital for surgery six days later but his leg was not right afterwards. He had to wear a foot splint, there was no upward movement and he had problems with ankle, knee and hip with further surgery possible.
Fergus O’Hagan SC, for the centre, put it to Mr Bradley he was claiming €189,000 for loss of earnings and effectively wanted the defendant to pay him until 65 for doing nothing.
Mr Bradley denied those suggestions. Asked why he had no contact with an employment adviser in Omagh over a five-year period, he said he did not know there was such an adviser. He also said he had looked to participate in a security course but that cost €1,400 which he didn’t have.
In his judgment, Mr Justice Iarfhlaith O’Neill said he was satisfied the mats used were the standard type and entirely suitable. They were just two years old and it was highly unlikely they would move in the activity involved, the judge added.
He found the evidence of Mr Bradley and a supporting witness had “an air of improbability” and concluded the accident did not happen in the manner alleged.
The judge also noted Mr Bradley, when initiating his claim for damages in March 2006, had made no mention of mats moving but sought to blame the matter on a failure of supervision.
The judge said the evidence persuaded him the accident was not caused by the movement of the mats but the unexpected tripping attempt by Mr Bradley resulting in his opponent coming down on Mr Bradley’s outstretched leg.
Mr Bradley had sustained a most unfortunate and serious disability but not due to any negligence or breach of duty on the part of the defendants. On that basis, the judge dismissed the claim but granted a stay on the order in the event of an appeal.