A former member of the Defence Forces who claimed he suffered a back injury when asked to climb over a wall during a training exercise has lost his High Court action for damages.
Mr Paul Russell of Huntstown Wood, Mulhuddart, Co Dublin said he was asked to climb over a six-foot wall at Cathal Brugha Barracks, Dublin, in February 1995 in a dangerous and unsafe manner, contrary to regulations.
But Mr Justice Smith, while accepting that the defendant did suffer a back injury, said such injuries were inevitable when one was engaged in a combat exercise such as that engaged in by Mr Russell.
He was satisfied that Mr Russell had not established a case of negligence or breach of statutory duty against the Minister for Defence.