The High Court has refused to dismiss a woman’s claim over serious injuries she says she received while playing rugby with her local club some seven years ago.
Carmel Creaven is suing the Irish Rugby Football Union (IRFU), Tuam Rugby Football Club in Galway and a number of trustees and officers of Tuam RFC for alleged negligence and breach of duty arising out of an injury which occurred when she was in a lineout collision during a game on January 8th, 2017. The defendants deny the claims.
The Tuam RFC/trustee defendants argued that the court should first decide whether Ms Creaven could maintain such an action because, as a member of an association, she cannot maintain an action against it, as she is trying to sue herself. They asked the court to have a preliminary hearing on the issue if necessary, or alternatively to dismiss the case against the club/trustee defendants.
Ms Creaven’s lawyers argued it has not been established that she was a member of the club at the time of the incident in order to come within the criteria for a member not being allowed to sue him or herself. It was something that could only be determined through evidence, including oral evidence, they said.
Ms Justice Denise Brett on Wednesday refused to order a preliminary hearing and also refused to dismiss the case. The case will now proceed as normal to trial.
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