Boy (6) awarded €48k after being struck by car as he crossed road to buy ice cream
A six-year-old boy’s dash across a road to buy an ice cream ended in both main bones in his lower left leg being broken, a court has been told.
Judge Mary O’Malley Costello heard in the Circuit Civil Court that Dylan Warren was running across the road to an ice-cream van parked opposite his home when he was hit by a car.
Barrister John Nolan, counsel for Dylan, of The Lawn, Belgard Heights, Tallaght, Dublin, told the court that because of his age Dylan could not be guilty of contributory negligence in terms of liability.
“But there were no witnesses to the accident and for that reason I am recommending the court’s acceptance of a €48,000 Injuries Board assessment and offer on behalf of the defendant,” Mr Nolan said.
Mr Nolan, who appeared with Tracey Solicitors, said Dylan, through his mother, Eva Warren, had sued motorist Stephanie Lieghio’s insurers for negligence.
He told Judge O’Malley Costello that although there had been no witnesses to the accident he was confident the boy would win his case on the basis his mother had “heard a screech of brakes," that the driver appeared to have admitted she “just did not see him” and that there were skid marks on the roadway which had speed restraint bumps.
“Cumulatively these factors should be sufficient to see home Dylan’s case but it has to be said there is a small risk,” Mr Nolan said.
Mr Nolan told the court Dylan had just left his house with money to buy ice cream at the van parked across the road and although his mother had followed him she had not seen the collision.
He said the boy, who is now aged seven, had suffered a significant fracture of his distal tibia and fibula and had also suffered soft tissue injuries to his forehead and body.
He had immediately been transferred to Crumlin Children’s Hospital where he had undergone manipulation under anaesthesia and had a cast on his leg for about six weeks. He had afterwards undergone physiotherapy and had made a good recovery.
Judge O’Malley Costello approved the Injuries Board assessment of €45,000 damages for personal injury and just over €3,300 special damages and expenses.