High Court fight over water polo punch: Swimming pool brawl leads to R645 000 claim
|Published
[WARNING: Article contains graphic image]
Cape Town - A high school brawl involving athletes from two of Cape Town’s most prestigious schools has resulted in a Western Cape High Court clash and a R645 000 damages claim.
The horrific water polo punch involving Ross Stone of Rondebosch Boys’ High School and Bingo Ivanisevic of Bishops Diocesan College on February 3, 2018 knocked out several of Stone’s teeth.
Stone has lodged a damages claim against Bishops and Ivanisevic, which saw Ivanisevic in the dock on Tuesday.
Ivanisevic punched Stone while they were participating in a water polo match held at Bishops.
Graphic images provided by Stone’s legal team show the bloodied teen who underwent surgery after his teeth were bashed into his gums. One of his teeth was found at the bottom of the swimming pool. He also suffered a cracked bone.
In his claim, Stone’s legal team submitted a breakdown that included medical expenses incurred as a result of the attack, future medical expenses and general damages.
“The plaintiff (Stone) has suffered a loss of amenities of life, experienced pain, emotional anxiety and shock, suffering, disfigurement in the past and will do so in the future,” the claim states.
Stone’s lawyers are also holding Bishops responsible for the damages, stating that as the attack occurred on the school’s premises, it was liable for damages along with Ivanisevic.
In responding papers, Bishops’ legal team admits that Ivanisevic attacked Stone, but says after the incident they imposed sanctions as stipulated by the Fédération Internationale de Natation and instituted disciplinary processes against him.
Bishops further requested that if the high court did find that Ivanisevic was liable for the damages, that he be held liable on his own.
In his responding papers, Ivanisevic said he believed at the time of the incident that he was drowning.
He claimed he was being held underwater and punched, and that he swung a “reactive punch” in the direction of Stone, who was not at court yesterday.
He said the punch by Stone resulted in air being forced out of his lungs and he swallowed water.
Ivanisevic also claimed that Stone’s actions had placed his life at risk and could have caused serious injuries.
“He was subjected to an unlawful attack by the plaintiff (Stone) during the incident.
“The first defendant (Ivanisevic) has reasonable grounds for believing that he was in physical danger and the force used by him to protect himself was necessary in the circumstances to repel the attack and was commensurate with the plaintiff’s aggression,” his legal response reads.
Ivanisevic was questioned by advocate Paul Eia yesterday and confirmed that he had been banned for seven matches after the incident. He admitted that he told those attending his disciplinary hearing that he was remorseful for his actions but his lawyers warned him to not say too much as he was still facing criminal charges.
It was also confirmed that the State opted not to prosecute Ivanisevic.
Eia raised the reports filed by the referees who witnessed the incident and asked why the alleged attack by Stone was not noted, but Ivanisevic said he did not know.
During his cross-examination, he told the court that after the incident he was attacked by parents of Rondebosch Boys’ High School, but did not clarify what transpired.
Ending his testimony, he said his side of the story was never told.
“There is always two sides to a story and my side was never allowed to be heard.”
The trial continues.
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