LUCY McMULLAN -v- NOEL GRAHAM, OBO CUSHENDALL YOUTH CLUB, THE NORTH EASTERN EDUCATION & LIBRARY BOARD AND NIGEL KEARNEY

The High Court
18 and 19 September 2001
Mr Justice Coghlin

In this action we acted on behalf of the North Eastern Education & Library Board. The Plaintiff alleged that on 27 February 1990, when she was then 14 years of age, she was attending Cushendall Youth Club, when she was pulled from a gymnasium stage onto the ground by the third defendant, Nigel Kearney.

In her proceedings, which were issued in her own name on 26 February 1997, the Plaintiff alleged inadequate supervision and a breach of the Occupier's Liability Act (NI) 1957. The Plaintiff alleged that she sustained soft tissue injuries to her low back, which exacerbated a pre-existing weakness in a form of a spondylolisthesis. She alleged that she required significant treatment over the years, resulting in a posterior spinal fusion in April 1994 and further surgery in July 1996.

The case opened before Mr Justice Coghlin in the High Court on 18 September 2001, when the Plaintiff was then aged 25 years.

The Plaintiff, in evidence, indicated that one of the reasons that she decided to bring the claim was because of the fact that her injuries were much more serious than she had initially thought following the accident. However, no report of the accident was made to representatives supervising the hall on the date in question, nor was there any attempt made to communicate with any representatives from the Board or the Youth Club following the incident. The first time any notice was given of the accident was when a letter of claim was received in February 1997.

It was put to the Plaintiff that there was no record in her medical records, indicating that she had received any treatment for a back injury until some 8 months after this incident. Even the medical record following that attendance did not relate to the accident in question.

The Plaintiff also confirmed that following the accident she continued to use the Youth Club and did not have any concerns about the level of supervision exercised while she did so. She contended that when the supervisors left the room on the date of her accident there was horseplay after the event but this was not pleaded in her claim.

After the end of the first day's evidence, the Plaintiff agreed to withdraw her claim. The Plaintiff was legally aided and, therefore, on 19 September 2001 Judgment was entered for the Defendants and the usual Order was made in respect of costs.