A circus performer who said he was injured in a human cannonball stunt has withdrawn his damages claim after a court heard he performed on a trapeze months later.
Juan Domingo Morales (35) of Tymon Drive, Tallaght, Dublin - an eighth generation circus performer - had brought High Court proceedings claiming he suffered injuries when he fell short of the safety net in a big top performance in Clones, Co Monaghan, on March 19th 2008. He was knocked unconscious and was in hospital for about six days after the incident.
His action opened on Wednesday but, just over an hour into his cross-examination by defence lawyers, and after Mr Justice Michael Hanna gave a short recess, Mr Morales withdrew his case.
The court was told he had been a “Spiderman” trapeze artist just months after the cannonball accident in Co Monaghan in 2008 and a video of a circus performance was shown to the court which indicated he had no problems with his wrists .
Earlier, he outlined his recall of the incident and said he is now scared of the cannnonball act and lacked the same power after fracturing his right wrist in the accident.
“I got in and waited for the countdown from five. I missed the net and landed in the ring. I can’t say what happened. I covered my head, after that I can’t remember.”
He agreed he was propelled to the correct height but said it was not to the correct distance and it was like there was “a loss of air” in the cannon.
“I have not done the human cannonball since. I am scared. I can’t do half of what I was doing before.”
Mr Morales had sued John Courtney and Stephen Courtney, the owners and operators of Circus Vegas and American Circus, with registered offices at Earl Street, Longford.
It was claimed Mr Morales was at work with the circus in Clones when, during his performance, the cannon allegedly malfunctioned and he was propelled, causing him to miss the safety net and collide heavily with the metal ring of the performance area.
He alleged failure to provide and maintain equipment that was safe and free from defects.
The claims were denied.
Mr Morales, the defence pleaded, was expressly required to inspect all equipment used in his performance on a daily basis and to ensure it was safe and fit for use. On the day of the accident, he inspected the canon and concluded it was safe for use, it was argued.
The circus also pleaded contributory negligence on the part of Mr Morales in allegedly failing to take any or any adequate care for his own safety, including to carry out a proper inspection of the cannon before his performance.
Under cross examination by David Nolan SC, with Genevieve Reid BL, for the circus, Mr Morales agreed he fell from a wheel of death at a performance in the UK a number of years later in 2012.
Counsel put to him he climbed onto a wheel of death when he was trying to make a case he had a problem with vertigo.
Video evidence
Counsel also put to him he had been a “Spiderman” trapeze artist just months after the cannonball accident and a video of a circus performance was shown to the court which indicated, counsel said, Mr Morales had no problems with his wrists.
Referring to the wheel of death accident in 2012, Mr Morales said that happened because his hand did not respond.
Mr Justice Hanna asked Mr Morales if he was saying the wheel of death accident was due to his wrists failing and if so, would that not be a significant thing, “if there was any substance to it”, to have said to his legal team in this action.
“If your wrists contributed to your near death fall, wouldn’t it be the first thing we would have heard about in the case” the judge remarked before giving a short recess.
When the court resumed after talks between the parties, Richard McDonnell SC, for Mr Morales, said the case could be withdrawn and struck out.