BOYNE LODGE toddler, Ben Boyce who fell 30 feet down an open shaft at Scotch Hall on February 2nd, 2009 while his parents were packing shopping in the boot of their car had his damages claim adjourned for further assessment.
The decision was made after Circuit Civil Court President, Mr Justice Matthew Deery was asked to reject €16,500 in damages which was the figure which had been assessed by the Personal Injuries Assessment Board.
Ben's father, Stephen who is a member of An Garda Siochana, had taken an action against John Sisk and Son Ltd, which has its headquarters in Dublin.
The court was told that Ben, who was almost three at the time was trapped for 40 minutes after he stepped backwards and fell through an opening in the casing surrounding one of the support columns on the second floor.
His parents, who live at Boyne Lodge, were able to hear him and able to talk to him while he was trapped.
Barrister Patrick Purcell said he 'plummeted 25 to 30 feet down through the cavity around the column and he was trapped for upwards of 40 minutes.'
Firefighters were on the scene within minutes of the accident, and while Ben suffered damage to his teeth, his primary injuries related to the anxiety he had to endure while waiting to be rescued, the court was told.
The barrister said that while Ben, who is now five, had made a good recovery, he still suffers from anxiety and is very nervous. He doesn't like being left on his own in a room.
Mr Purcell said the Personal Injuries Assessment Board assessed €16,500 damages and expenses of €1,355 but he was not recommending the approval of this figure by the court.
Mr Justice Deery rejected the assessment and said he would adjourn the matter for assessment by the court.