Industry Noize: MCD’s Muddy Legal Battle

Mark Ponisi from County Kildare told the High Court that he was left with a fractured ankle, while another witness who attended the festival said the conditions were “disgraceful.” Ponisi said the mud came up to up just under the ankle of his Wellington boots, making it three inches deep, and he was knocked over while Kings of Leon was on stage.

He said he was at the festival July 7, 2007, when his feet got stuck in the mud and he was unable to move during a crowd surge, which caused him to be knocked to the ground.

The suit claims that MCD failed to take any or any reasonable care to see Ponisi would be reasonably safe while attending the outdoor festival. It alleges that it exposed him to a surface area that was dangerous and unsafe and not suitable for an outdoor event.

“I was just standing looking at the stage and having a conversation when somebody from behind me knocked me over,” Ponisi said in evidence.

MCD rebuts the claims and says Ponisi failed to exercise any adequate caution for his own safety. Event safety engineer Michael Slattery said he had walked the Punchestown racetrack site on the day of the accident and took the view that it was safe to open the gates. Justice Mary Irvine is expected to give judgment later this week.