A man who claimed he broke his ankle in a five-a-side football game because a metal fence was too close to the pitch has settled an action for damages.
Hichem Kerfah, formerly of Marrowbone Lane, Dublin, now living in Marseille, France, sued over the accident on the synthetic pitch at O'Connells Secondary School, North Richmond Street, Dublin, on January 15, 2013.
The school board of management, and the association which ran the five-a-side game, MFTB O'Connells Secondary School Indoor Football, denied negligence and breach of duty.
Mr Kerfah (36) sued in the Circuit Court, which ruled he failed to prove his claim. He then appealed to the High Court, which was told by his counsel Declan McGovern that, following talks, the case had been settled.
Mr Justice Garrett Simons struck out the action, set aside an order for costs against him in the Circuit Court and made an order for costs in his favour on the Circuit Court scale.
Earlier, Mr McGovern said it was part of their case that the metal wall running along the pitch was recommended to be at least two metres from the white line under FAI guidelines. This wall was just two feet away.
The defendants argued having the wall two metres from the pitch side was not an official requirement, merely a recommendation. It was also contended the game should not have been permitted because of icy conditions.
Mr Kerfah slid on ice and fractured his left ankle after hitting the metal wall, the court heard. He required surgery, was in plaster for 10 weeks when he also had to use crutches and was unable to return to his work for three months. He still suffered pain, particularly during cold weather.