Hi °C | Lo °C A SCHOOLBOY left with scarring after his leg was caught in a wire mesh on a playground ride has settled his High Court action for just over €50,000.
The court heard that Christopher Dempsey was among a number of children who had been playing on equipment which had been fenced off and had three or four "out of order" signs on it at the public playground near Listowel town square in Kerry.
Christopher, Sebury Lawns, Mornington, Co Meath, had sued through his mother, Joanne, Listowel Town Council as a result of the accident while on his holidays in the town in April 2009.
It was claimed the council knew or ought to have known that children including Christopher were habitually playing on the roundabout-type ride called the "Witches Hat" and the condition of the apparatus constituted an obvious risk and danger to the children.
The council denied the claims and said there was contributory negligence on behalf of Christopher, who was 11 at the time. It claimed breached the fence which he ought to have known isolated the particular piece of playground equipment and prevented access.
Senior Counsel Johnathan Kilfeather said Christopher got onto the ride by slipping through a gap in the fencing. He suffered nasty lacerations to his leg and got 17 stitches in hospital. He later had to have skin grafts at Our Lady's Childrens Hospital, Crumlin.
Mr Justice Roderick Murphy said he had seen the photographs and he was satisfied that the council had used building blocks and notices to fence off the area.
If the case went went to full hearing the judge said there would be an issue on contributory negligence and as a result he was happy to confirm the settlement for €50,262.
