Goalkeeper awarded €16,000 after injuring toe in footgolf

A top amateur goalkeeper, who injured his big toe while playing footgolf – football played to the rules of golf – has been awarded damages in the Circuit Civil Court against the owner of the Co Dublin course.

Stuart O'Dwyer, a van-driving courier of Glenhill Avenue, Finglas, Dublin 11, and Leinster Senior League goalkeeper for Glasnevin FC, told judge John O'Connor he had been injured while kicking the ball out of the rough in a round of footgolf with his dad.

Mr O'Dwyer, who successfully sued Simon Rutledge of the White House pub restaurant, New Park, The Ward, Co Dublin, said his right foot had struck a metal stake concealed by long grass just off the 10th green at Rutledge's course. He said he was a patron of the White House premises.

Barrister Laurence Masterson told the court Thursday that Mr O'Dwyer's claim for damages for personal injuries against Rutledge had been undefended since proceedings had issued.

He said Mr O’Dwyer had been injured in the footgolf game on 14th June, 2018.

Mr Masterson, who appeared with Francis Callaghan of Spelman Callaghan Solicitors for O'Dwyer, said judgment had been marked by the County Registrar against Mr Rutledge in the absence of an appearance in the case.

Mr O’Dwyer told the judge he played in goal for Glasnevin FC at Leinster Senior League level and on the day of the fun game with his dad he had kicked the ball off the 10th tee into very long grass.

As he attempted to kick the ball onto the nearby green his foot had crashed into the metal spike that had been firmly driven into the ground and which was concealed in the grass.

He had injured the big toe on his right foot and had to attend the accident and emergency department of James Connolly Memorial Hospital, Blanchardstown, following the game.

He had been treated by Mr J.A McKeever, consultant in emergency medicine who diagnosed a soft tissue injury.

The court heard Mr O’Dwyer had lost the nail on his big toe and he had been left with a mild deformity in the shape of a small lump on the toe after the nail had regrown.

He told Mr Masterson he had suffered severe pain, discomfort and bruising in his toe which had been splinted with a buddy strap in the hospital where he had been given crutches. He did not have to miss work and was not making any claim for lost earnings.

Mr O’Dwyer said he had joined members of his family 10 days after the accident in a pre-booked holiday to Florida and while his injury had not specifically ruined the vacation he had suffered some pain and discomfort. His injury had cleared up after about nine months.

The judge said he felt compensation would fall in at the lower end of the Circuit Court jurisdiction and awarded Mr O’Dwyer €16,000 damages and Circuit Court legal costs against Rutledge who was not in court nor legally represented.

The judge, on foot of the original judgment, had been asked to assess damages against Rutledge.