Judgment: 2019-01-24 · Court archive

High Court dismisses student’s claim over knee injury during school high jump

The court preferred the PE teacher’s account that the class was warmed up and instructed before the 2014 exercise, and found no negligence by her or the school.

High Court · [2019] IEHC 22

Who, what, where, when and why

Who
  • Trustees and Board of Management of St. Paul’s Secondary School (Defendant)
  • Ms. Elaine Mahoney
What

The court preferred the PE teacher’s account that the class was warmed up and instructed before the 2014 exercise, and found no negligence by her or the school.

Where

Places mentioned in the report

  • St. Paul’s Secondary School
When

Judgment:

Why

Reasons reported in the judgment

The judgment records a direct conflict between the plaintiff’s and teacher’s accounts. The judge preferred Ms. Mahoney’s evidence, finding it credible and supported by the accident report and other evidence. He found that the class had been warmed up and instructed, the jump had been demonstrated, and students had been told to approach at an angle. He also accepted that the plaintiff had completed three successful jumps beforehand.

The High Court has dismissed a student’s negligence action against the trustees and board of management of St. Paul’s Secondary School over a knee injury he suffered during a PE high jump exercise in May 2014.

The plaintiff was 16 at the time. He alleged that his injury resulted from inadequate instruction and unsafe supervision by his PE teacher, Ms. Elaine Mahoney. He said there had been no warm-up or demonstration, and that students were told to copy the person ahead. He also claimed he had been made to take part, despite not wanting to.

The defendants denied negligence. Ms. Mahoney told the court that she warmed up the class, demonstrated the step-over technique with the rope at knee height, explained the approach and invited questions. She said the plaintiff completed three jumps without incident before injuring himself on his fourth attempt. The school’s expert witness considered the equipment and premises satisfactory and said the technique and gradual increase in height were appropriate for beginners.

The judgment records a direct conflict between the plaintiff’s and teacher’s accounts. The judge preferred Ms. Mahoney’s evidence, finding it credible and supported by the accident report and other evidence. He found that the class had been warmed up and instructed, the jump had been demonstrated, and students had been told to approach at an angle. He also accepted that the plaintiff had completed three successful jumps beforehand.

The judge rejected the plaintiff’s claim that he was compelled to participate in the specific exercise, noting that the girls had been allowed to sit out. He also found that the plaintiff was not 17 stone at the time, as he had claimed, and said that even if he were mistaken about the weight, the expert evidence was that high jump participation was not contraindicated given the plaintiff’s involvement in other sports.

The court concluded that the teacher had taken proper care in conducting the class and that the injury was not caused by negligence or lack of care by her or the school authorities. It dismissed the plaintiff’s action. The judgment does not record a damages award or a separate order on costs.

Read the original court judgment

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