A judge will rule next month on a claim for damages by a young south Dublin woman against her former school over an ankle injury suffered while playing hockey after school.
In denying liability, lawyers for Ailbhe Cole’s former school, the Sisters of St Joseph of Cluny, Killiney, said she had suffered a “nasty and regrettable” injury but this was “an unfortunate accident and no more”.
Ms Cole, now aged 22, of O’Rourke Park, Sallynoggin, Dublin, was a Leaving Cert student and a captain of the hockey team at the school when the incident occurred on the evening of November 19th, 2012.
Now a pharmacology student at UCD, Ms Cole said she and other students were playing hockey and training in near darkness on the school pitch, a grit surface, which had no flood lighting.
In evidence, she said she loved sport but since the incident has been unable to play any and is devastated by that. She also said she has been unable to wear high heels since the incident and wore sparkly runners to her Debs after her Leaving Cert.
In her case against the Sisters of Saint Joseph of Cluny, Ballinclea Road, Killiney, she alleges failure to install sufficient lighting for the playing field, that hockey was allowed to be played in the absence of sufficient lighting and the ground around the kerb area of the pitch was slippery.
The claims are denied and the school pleads hockey training only occurred when light permitted.
New facilities
Her counsel Paul Burns said the school had since got new facilities and a pitch in 2014.
At the time of the incident, Ms Cole had gone after the ball when it went out of play and slipped on a muddy surface with her ankle hitting the rim of the pitch, he said. She suffered chronic injuries, later had surgery to have screws inserted in the ankle and has been left with pain and poor balance, he said.
In her evidence, hockey coach Stephanie Murphy said the school pitch at the time was shale and grit. In winter, the session would finish at 5pm as it would be getting dark and would be unsafe and she always put safety of the players and students first, she said.
On Wednesday, Mr Justice Raymond Fullam heard closing submissions from both sides.
Niall Beirne SC, for Ms Cole, argued the lighting at the time of the incident was not the standard required by the International Hockey Association. At best, the hockey was being played in murky light conditions and, in fact, almost dark light conditions, he said.
Finbar Fox SC, for the school, said there was no doubt Ms Cole sustained a “nasty and regrettable” injury but this was “an unfortunate accident and no more”.
The judge will rule on December 16th.