Tuesday 19 September 2017

Dublin City Council to pay schoolboy €44k in damages after he scraped his leg on exposed screw

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Stock Picture

Ray Managh

An 11-year-old schoolboy, who had to have 25 stitches inserted in a gash on his leg, has been awarded €44,000 damages against Dublin City Council.

Barrister Fergus O’Higgins told the Circuit Civil Court today Tuesday that Nojus Baltrimus had been playing “hide and seek” in a local authority garden and caught his leg on an exposed screw.

Mr O’Higgins, who appeared with Cosgrove Gaynard Solicitors, said Nojus lived in a city council apartment in Liberty Court, Lower Clanbrassil Street, Dublin.

On 15 June 2014 he had been playing with friends in the communal garden area of the Mercer Street Apartments and had hidden himself behind a water cylinder.

Mr O’Higgins told Circuit Court President, Mr Justice Raymond Groarke, that when emerging from his hiding place Nojus, now aged 14, caught his shin on the pointed end of an exposed metal screw jutting out from the water tank structure.

“He suffered a very serious laceration to his right shin and had to have 25 stitches inserted in the wound,” Mr O’Higgins told the court.

He said Nojus had been taken to Crumlin Childrens’ Hospital where the stitches were inserted. He had attended his GP two weeks later to have the stitches removed but only half could be taken out because of an infection for which he had been prescribed antibiotics.

The court heard that in addition to the serious pain and suffering Nojus endured he had been left with a large, nasty and permanent scar on the very front of his right leg and running almost the full length of his shin.

Mr O’Higgins said Dublin City Council had made a settlement offer of €44,000 and costs to the boy and his mother Sabina Bilyte.

Judge Groarke said a lot of young men wear scars as badges of honour but the one Nojus had been left with was not the kind of scar anyone would want.

Approving the offer Judge Groarke said were it not for an element of contributory negligence in the case he would have insisted on a higher award.

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