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Paddling pool dive: Injured Rose Bruford student loses case | Paddling pool dive: Injured Rose Bruford student loses case |
(35 minutes later) | |
A drama student who was left a tetraplegic after diving into a paddling pool on the last day of term has lost his damages claim in court. | A drama student who was left a tetraplegic after diving into a paddling pool on the last day of term has lost his damages claim in court. |
Andrew Risk from Shillingford, Oxfordshire, had completed his second year at Rose Bruford College in south-east London, when he injured himself. | Andrew Risk from Shillingford, Oxfordshire, had completed his second year at Rose Bruford College in south-east London, when he injured himself. |
The 25-year-old claimed it came about through a breach of duty of care or negligence on the part of the college. | The 25-year-old claimed it came about through a breach of duty of care or negligence on the part of the college. |
Mr Justice Jay dismissed the claim but paid tribute to Mr Risk's honesty. | Mr Justice Jay dismissed the claim but paid tribute to Mr Risk's honesty. |
The scenic arts student now requires 24-hour supervision. | |
'Impulsive actions' | 'Impulsive actions' |
In June 2009 he took a long run, dived into a large paddling pool filled with water to a depth of 2.5ft, and hit his head on the ground. | In June 2009 he took a long run, dived into a large paddling pool filled with water to a depth of 2.5ft, and hit his head on the ground. |
He suffered an immediate loss of sensation and was unable to move. Fellow students helped him breathe until he could be taken to hospital. | He suffered an immediate loss of sensation and was unable to move. Fellow students helped him breathe until he could be taken to hospital. |
The Sidcup-based college denied liability for the injury. | The Sidcup-based college denied liability for the injury. |
The High Court judge refused permission to appeal, but said Mr Risk, had shown "complete honesty, integrity and decency" throughout the trial. | The High Court judge refused permission to appeal, but said Mr Risk, had shown "complete honesty, integrity and decency" throughout the trial. |
He added: "He accepted that this was a spur of the moment decision, and I consider that it was out of character, or more precisely that no-one should be judged on the basis of one-off impulsive actions. | He added: "He accepted that this was a spur of the moment decision, and I consider that it was out of character, or more precisely that no-one should be judged on the basis of one-off impulsive actions. |
"On a human level, I regret the conclusion that I have reached, but to my mind the legal principles are clear and the weight of authority overwhelming." | "On a human level, I regret the conclusion that I have reached, but to my mind the legal principles are clear and the weight of authority overwhelming." |
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