herald

Sunday 17 December 2017

Gig-goer loses lawsuit for mud slip at Oxegen

a CONCERT-GOER who broke his ankle after getting stuck in the mud at the Oxegen outdoor music festival has lost his High Court action for damages.

Mark Ponisi (36), of Roselawn, Tipper Road, Naas, Co Kildare, faces a hefty legal bill after costs of the case were awarded against him.

The software engineer will have to pay the legal costs of concert promoters MCD as well as his own for the two-day case.

Mr Ponisi, who got stuck in mud at Oxegen 2007, fractured his ankle when he was knocked over and trampled.

Ms Justice Mary Irvine said he sustained his injuries as a result of "some recklessly robust behaviour" on the part of one or more other concert-goers.

"It is not just or fair for Mr Ponisi to now seek to render MCD liable for his injuries when they were not aware either of the intended actions of these individuals or the allegedly hazardous nature of the underfoot conditions," the judge said.

It was regrettable, she said, that he sustained a serious ankle injury, but it is cases such as this one which are part of the risk of holding this type of large outdoor event "which give so much pleasure to so many people".

"Organisers of these events can only do what is reasonable in order to provide for the safety of those who attend," she added.

Ms Justice Irvine said she would have awarded €60,000 if Mr Ponisi had been successful in establishing negligence.

hnews@herald.ie

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