Morrow -v- Dungannon & South Tyrone Borough Council
Murphy & O'Rawe identified an expert witness whose evidence was preferred by the trial judge, in a recent High Court action.
The plaintiff suffered a serious neck injury performing a leg squat with weights in a gym operated by the Council.
The plaintiff claimed that the fitness instructor employed by the council failed to provide adequate instruction on weight lifting technique, which led to his injury.
Gillen J held that the plaintiff had been injured in the course of an exercise which by its very nature carried a measure of risk. No blame was attached to either the fitness instructor or the Council. It was further held that the plaintiff was lifting a weight he was used to in a safe environment which was properly organised with adequate facilities and monitored by experienced and appropriately trained staff
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