PE student who said he fractured knee doing high jump loses High Court action against school

A student who sued his school claiming he suffered a fracture to his knee when he took a high jump during PE class has lost his High Court action.

Mr Justice Anthony Barr said Mitchell Dunne who was a 16-year-old transition year undoubtedly suffered a nasty injury, however such injuries occur when one is participating in a sporting activity.

Dismissing the action the judge said he was satisfied the injury was not caused by any negligence or want of care on the part of the PE teacher or the school authorities.

Who will pay the costs of the legal action will be decided next week.

Mitchell Dunne (now 20), Abbey View, Monasterevin, Co Kildare had through his mother Regina Dunne sued the Trustees and Board of Management of St Paul’s Secondary School, Monasterevin, Co Kildare as a result of the accident on May 2, 2014.

It is claimed there was an alleged failure to adequately train or supervise Mr Dunne as to the manner in which and the methods by which he could safely perform a high jump.

It was further claimed he was allegedly exposed to a risk of injury of which they knew or ought to have known. The claims were denied and the school contended the PE teacher demonstrated how to do the jump before students took part.

Mr Justice Barr said there was a direct conflict of evidence in the case between the account given by Mr Dunne as to what happened in the PE class and the account given by the teacher Elaine Mahoney.

The judge said he was satisfied the PE teacher’s account is the correct version of what occurred that morning.

The judge said: “I do not think Ms Mahoney could have done any more to properly instruct the students.

The fact that Mr Dunne had done three successful jumps prior to the jump on which he injured himself showed he was more than able for the task at hand.

He added: “Accordingly I find there was no negligence on the part of Ms Mahoney the way she carried out the PE class.”

The judge said he did not accept Mr Dunne’s evidence that he was seventeen stone at the time of the accident.

He also accepted the teacher’s evidence that she operated the principle of ‘challenge by choice’ but it was not compulsory for students to participate in each and every activity.

Mr Justice Barr also found there was a warm-up of the type described by the PE teacher on the morning of the incident.