Paraplegic victim sues Cedar College over fallen tree branch on school grounds

A man who was left a paraplegic after a tree branch fell on him at an Adelaide Baptist school sports day event is suing the school, claiming it did not act when told the tree was dangerous.

John Alexander Duthie, 49, was watching his children take part in the Cedar College sports day in September 2009 when the bough of a large ironbark gum fell in strong winds, injuring him and two others.

The school at Northgate was fined more than $100,000 for the accident.

Mr Duthie has since launched a claim for damages in the District Court, claiming the school failed in its duty of care to ensure his safety.

He claimed the school did not act on separate arborist reports in 2005 and 2007 that recommended the tree be pruned or removed.

"In or about April 2005, the defendant received a report ... which recommended that the tree had a poor structure and required pruning," the claim stated.

"The defendant did not act on that recommendation.

"In or about December 2007, the defendant received a further ... report which recommended that the tree be removed within a time frame of six to 18 months. The defendant did not act on that recommendation."

Mr Duthie claimed the school was negligent by not removing the tree when it knew it was unsafe, that it failed to prevent the use of the area around the tree and had in fact scheduled events in its vicinity.

The school has denied any negligence or liability for Mr Duthie's injuries.

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Paraplegic victim sues Cedar College over fallen tree branch on school grounds