A man who sued for damages after he claimed he fell and injured his knee on an AstroTurf pitch at a GAA club when playing a friendly soccer game has withdrawn his case.
Sean Doyle (37) had claimed he fell over and passed out after he hit an alleged hump or divet on the AstroTurf as he went for a ball during an eight a side game.
He had sued Wicklow County GAA Ltd and Arklow Geraldines Ballymoney GAA as a result of the accident on February 23rd 2010, claiming he has been left with ongoing problems to one of his knees.
Mr Doyle, who lives in Courtown, Co Wexford, was one of a group of players who rented out the GAA AstroTurf pitch at Vale Road, Pearse Park, Arklow, Co Wicklow for a weekly friendly soccer match.
He had claimed the AstroTurf pitch was allegedly allowed to become or to remain unsafe and there was failure to properly maintain it.
The claims were denied and the GAA parties contended the pitch was maintained, two workers picked litter from it daily and it was brushed with a special machine once a week. Annual maintenance had taken place ten months before the February 2010 accident.
It was further pleaded there had been no complaints about the condition of the pitch and Mr Doyle’s injury was not caused by the surface on which he played.
The case opened on Friday and when it resumed in the afternoon, David Conlan Smyth SC, for Mr Doyle, told Mr Justice Kevin Cross that Mr Doyle was withdrawing the case.
There was to be no order as to costs (meaning both sides pay their own legal costs), counsel also said.
The judge said it was a case that was extremely difficult for Mr Doyle whom the judge described as an honest and decent individual who suffered a significant injury.
In evidence earlier, Mr Doyle said he was wearing proper astro boots at the time of the accident on February 23rd 2010.
He said the goalkeeper threw out the ball and when he went for it his foot hit a divet and he saw his foot “sticking out the other way”. He said he passed out and remembered waking up in hospital.
He said for the first few months he could only walk with a limp and some days would cry because he was in so much pain.
Cross-examined by counsel for the GAA side, Micheál O Scanaill SC instructed by solicitor Donnough Shaffrey, Mr Doyle agreed he had used the pitch before and there was nothing wrong with the surface on those occasions.
Counsel said Mr Doyle had claimed in his action he slipped but now he was saying it wasn’t that but that he had “met Kilimanjaro”.
Counsel asked if Mr Doyle knew what happened at all.
Mr Doyle said he had blacked out, it was very hard to remember and the incident was a few years ago. When counsel suggested Mr Doyle changed direction as he went for the ball and that caused his injury. Mr Doyle replied:” No, it was the ball bouncing erratically. I tried to trap the ball.”