LETTERKENNY Community Centre has won a High Court action after being sued for a former weightlifting champion.
Omagh man Neil Bradley claimed he was unable to work after suffering injuries during a jujitsu session at the centre.
The 40-year-old had sued the centre and jujitsu instructor Josie Murray over injuries suffered in November 2005.
Mr Bradley told said he had hurt himself when he and an opponent were trying to take the legs from under each other during a sparring session. Mats that should have been locked together weren’t and he sustained his injury in the fall.
He had to have surgery on his injuries but continued to suffer from the effects of the injury, he said.
Fergus O’Hagan SC, for the centre, put it to Mr Bradley he was claiming €189,000 for loss of earnings and wanted the defendant to “pay him until 65 for doing nothing.”
In his judgment, Mr Justice Iarfhlaith O’Neill dismissed the case saying the mats were just two years old and in good condition and highly unlikely to move.
He said that the evidence of Mr Bradley had “an air of improbability” and concluded the accident did not happen in the manner alleged.
The judge said Mr Bradley had made no mention of the mats when he started his legal claim in March 2006.
The judge said the evidence persuaded him the accident was caused by the unexpected tripping attempt by Mr Bradley resulting in his opponent coming down on Mr Bradley’s outstretched leg.
Mr Bradley, he said, had sustained injuries but this was not due to any negligence on the part of the centre or the instructor.
The case was dismissed and leave for appeal was allowed.
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