Man on bucking bronco was ‘acting the maggot’

A Donegal man who sued an entertainments company called Funky Monkey for alleged negligence over a bucking bronco was described as “acting the maggot” at Sligo High Court.

Brian McDonagh, aged 18, of Cedarwood Crescent, Long Lane, Letterkenny, sued Stephen Carberry, trading as Funky Monkey Entertainments, and Pauric Hilferty, trading as Funky Monkey Entertainments, through his mother Rose Ward after claiming he fell off a bucking bronco on June 26, 2010, when he was 13, at Letterkenny Town Park.

Mr Carberry told an earlier sitting of the High Court that the plaintiff had thrown himself on the ground and was “acting the maggot”.

In dismissing the claim, Mr Justice Barton said the onus was on the plaintiff to prove his case on the balance of probabilities and he had not done so.

Mr Carberry said the then 13-year-old boy had tried to get on the bucking bronco but was refused, as he had no money.

The plaintiff disputed this, saying he had queued up and Mr Carberry helped him up on the bronco.

He said he was thrown backwards and hit his head on the ground when he landed.

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