A 21 YEAR OLD rugby player, Mr Ben Smoldon, yesterday launched a legal battle for £1 million compensation from a referee and another player after he was paralysed for life when a scrum collapsed. The accident occurred during a game between Sutton Coldfield and Burton on Trent under 19 Colts in October 1991, the High Court in London heard.
Now tetraplegic, Mr Smoldon is confined to a wheelchair existence for the rest of his days, his counsel, Mr Peter Andrews QC, told Mr Justice Curtis.
Mr Smoldon of Sutton Coldfield, West Midlands, is suing the referee, Mr Michael Nolan, and Mr Thomas Whitworth, a member of the opposing team, who both deny liability.
Mr Andrews said he would argue that the match was not played according to the laws of the game or in a sporting spirit.
He added. "Unfortunately in this game the laws were persistently contravened and ignored and some of those present actually foresaw the likelihood of injury before Ben's accident. The playing, particularly in the scrummages, was very dangerous.
A touch judge had warned the referee that unless he did something, someone in the front row of the scrummage was going to be injured. "Mr Nolan agreed but, in effect, said he could not do anything about the situation."
A spectator had also commented afterwards that, in respect of the scrum collapsing, he had never seen a game like it before or since.
The case is believed to be the first in England in which a referee has been sued in such a situation and will have wide implications for refereeing in sport in general. Mr Nolan is being backed by the Rugby Football Union, which insures referees.
Mr Smoldon, accompanied into the witness box by his carer, said he was captaining his team on the wing in the match against Burton but swapped to hooker when his team mate said he did not want to continue as his neck was aching.
The scrummages were very aggressive and five or six had already collapsed because of the props on each side wrestling with each other. By the time he was injured and the game abandoned, there had been up to 25 collapsed scrums way above the average in his experience.
He said he did not recall any steps taken by the referee to control the game. The front rows just charged each other.
Mr Whitworth, Burton's tight head prop, was generally aggressive in the scrums and appeared to be wrestling with his opposite number. Mr Smoldon said he appeared to play a part in the collapsing by taking the scrum's shoulders below hip height.
The accident happened at the third attempt at a scrum, ten minutes from time, when Sutton were 17-10 down and applying pressure.
"As we went down for the scrummage (in question) I can remember that I was leaning down to my left hand side and I then felt a blow on my neck. At this point, I thought I was winded. I blacked out for a second."
When the scrum broke up he was still in a crouching position, he said. "My body sprang back and I was left hanging with my arm around the neck of my tight head prop." His legs had become totally numb.
Mr Smoldon said he believed the injury was caused by Mr Whitworth who he had expected to be on his left side for him to lean on moving out of position.
He thought the blow came from the direction of the Burton team from a second row shoulder.
Cross examined by defence counsel, Mr Smoldon agreed he was in no position to claim that somebody had deliberately collapsed the scrum.
The hearing continues today.