Monday 24 October 2016

Judge accepts €65,000 damages offer for boy left with serious scar after accident on DART

By Ray Managh

Published 28/07/2015 | 15:09

The boy had been with his granny and another adult on the DART.
The boy had been with his granny and another adult on the DART.

A judge, who rejected a €50,000 damages settlement for a four-year-old boy injured in an accident on a train, today accepted an increased offer of €65,000.

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Circuit Court President, Mr Raymond Groarke, three weeks ago told Irish Rail the initial offer they made to little Carstin McDonagh was inadequate to compensate the boy for the scarring he suffered as a result of the accident.

Barrister John Moher, counsel for Carstin , said the boy had been with his granny and another adult on the DART and was waiting to exit the  train when it suddenly jolted to a stop at Greystones railway station, Co Wicklow.

Mr Moher, who appeared with solicitors O’Hanrahan and Co., said  Carstin, who had been struck his head against a metal fitting on the train and had been left with a serious scar mark on his forehead.

He told the court the inch-long wound had been dressed and surgically glued at the Children’s Hospital, Temple Street, Dublin, before being discharged.

Mr Moher told Judge Groarke that the court had refused to rule a €50,000 offer by Irish Rail earlier this month and had adjourned the proceedings for further talks.

Judge Groarke complimented Mr Moher for what he described as a “far more acceptable offer.”  Carstin, through his father Paul Mc Donagh, of Sean O’Casey Avenue, Dublin, had sued Irish Rail for negligence.

Judge Groarke also today rejected a €37,000 damages assessment by the Personal Injuries Board in another case in which a four-year-old  boy, Lee McCabe, Griffith Parade, Finglas East, Dublin, suffered lacerations to his head when caught in electric security gates.

Conor Kearney, counsel for the boy’s mother, Michelle McCabe, told the court the accident had allegedly been caused by faulty sensors.  Lee had been left with injuries and subsequent scarring above and below his left eye and a laceration of the scalp on the back of his head.

Mr Kearney,who appeared with Tony Taffe solicitor for Lee, said he estimated the value of the boy’s claim in the region of €45,000. The matter was adjourned.

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