2 days ago
10
DEREK ACHONG
Senior Multi-media Reporter
Former national discus-thrower Quincy Wilson has lost his negligence case over an injury he sustained from slipping on the discus circle at the Hasely Crawford Stadium at the National Open Senior Championships in 2019.
Last Tuesday, High Court Judge Nadia Kangaloo dismissed Wilson’s case against the National Association of Athletics Administrators of T&T (NAAA TT). She subsequently provided written reasons for her decision.
Justice Kangaloo found that Wilson had failed to prove on a balance of probabilities that the association breached its duty of care to him, and that its acts or omissions caused his fall and injury.
However, she found that the outcome did not detract from Wilson’s significant athletic accomplishments.
“The dismissal of the claim rests solely upon the insufficiency of the evidence to establish negligence,” she said.
In a lawsuit, Wilson contended that the association was responsible for the injury he sustained when he slipped and fell while performing his final throw at the event on July 28, 2019.
He alleged that the association’s employees painted/or covered the discus circle with a wrong substance causing it to be slippery and they also failed to properly inspect the circle before allowing athletes to use it.
The eight-time national senior champion, who holds the national record of 59.65 metres, suffered a meniscus tear to his right knee in the fall.
Wilson, who still managed to win the event with a previous score, only discovered the injury when he went for random drug testing after the event.
His lawyers Matthew Gayle and Jason Jones, of New City Chambers, claimed that Wilson suffered extreme mental anguish from the injury in addition to physical pain.
They also claimed that the injury affected Wilson’s job prospects as he had applied and passed an interview to join the Prison Service and was waiting for a physical examination and medical when he was injured.
Wilson was seeking compensation for his loss of income and for private rehabilitative treatment, which he requires to fully recover.
He was also seeking compensation for his loss of opportunity to compete professionally and obtain sponsorship opportunities.
In determining the case, Justice Kangaloo found that there were other explanations for the fall besides the anti-slip paint that was applied by the association’s contractor based on concerns from athletes months before the event.
“The Court accepts that rain may increase slipping risk, particularly in rotational events such as discus,” Justice Kangaloo said.
“Other plausible explanations for the fall include ordinary sporting misstep or loss of balance during the throwing motion,” she added.
She also found that Wilson’s claim that the circle was dangerously defective was also undermined by the fact that he was the only competitor who fell during the competition, which he eventually won.
Dealing with previous complaints over the surface that led to the painting before the event, Justice Kangaloo found that such did not establish negligence as the association responded reasonably.
She also found that she could not make adverse findings in relation to the “Eco-Grip” paint that was used as Wilson did not present evidence over its suitability.
“The Court cannot make technical findings adverse to the Defendant in the absence of cogent evidence,” she said.
The association was represented by Tyronne Marcus, and Renuka Ramoutar.
English (US) ·