High Court dismisses action over injuries sustained in altercation during school break

The High Court has dismissed a student’s personal injuries action against his former secondary school over facial injuries sustained in a lunch break altercation.

Ricardo Silva Junior was 13 and in second year at Templeogue College in Dublin when the altercations between him and a classmate occurred in November 28th, 2016. The other boy, who was not a party to the proceedings, was suspended over the events, the court heard.

After hearing the plaintiff’s case on Thursday, Ms Justice Carmel Stewart said the court has “every sympathy” for Mr Silva but she did not feel a case was made out that Templeogue College CSSP was responsible for the events. She noted the fact that the other student was suspended and the incident that caused the injuries happened on a public footpath.

Mr Silva, now aged 21, and in his first year of a science degree at University College Dublin, told the court that he required immediate dental work and stitches to his split gum after the 14-year-old punched him three or four times while on a public road near their school. He was also kicked in the groin, he said.

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“I remember just feeling my tooth hanging from my lip,” he said, adding that he ran into the school and reported the incident to a teacher.

Earlier incident

The pair had been involved in an earlier incident during their shorter morning break, when, Mr Silva said, he sat on a banana skin and a yoghurt that he was told had been put there by the other boy. There was no teacher in the classroom, as they were waiting for their English teacher to arrive after the break.

Mr Silva said he put the lunch items on the other boy’s desk, resulting in that student punching him in the face. Mr Silva said their teacher then entered and he did not inform any school employee about the punch.

Later, during their longer lunch break, he said he encountered the boy again at a nearby filling station where, the court heard, second to sixth years at Templeogue College often went. Other students “egged” him on to “start something” with the boy but Mr Silva said he “wasn’t bothered”.

He did, however, take the other student’s hat from his head. As they were returning to school, but still on the public footpath, the other student punched and kicked him, he said.

‘Little joke’

Under cross-examination from the school’s lawyers, Finbarr Fox SC, with Adrianne Fields BL, Mr Silva said he was not sure what he expected would happen after he took the boy’s hat. It was a “little joke” and a non-physical way to get back at the boy for earlier, he responded.

Mr Silva agreed with Mr Fox that he received help from the school when he returned and reported the assault. He agreed that the teachers had no knowledge until then about the earlier incident.

In his action, Mr Silva alleged the school had failed to exercise the required care and supervision. His counsel said there should have been a “proper system of supervision” in place for the large number of students who go off on their lunch break to the nearby shop. The school denied the claims.

Dismissing the case before the school went on to present its defence, Ms Justice Stewart said: “It seems to me that clearly an unfortunate incident occurred, and injuries were sustained by Mr Silva, but it was handled appropriately when they [the students] returned to school.”

She made no order as to the parties’ legal costs.