Monday 18 December 2017

Boy (5) ‘left lifeless’ after being hit by falling iron in supermarket awarded €29,000

By Ray Managh

A FIVE-YEAR-OLD boy who was carried lifeless-like in his mother’s arms from a superstore to a nearby medical clinic, was today awarded almost €30,000 damages for personal injuries.

Barrister Bernadette Kirby told the Circuit Civil Court that David Kiss, of (No 9) Westbourne Lawns, Clondalkin, Dublin, had been hit on the top of his head by a large piece of angle iron.

Ms Kirby told Judge Matthew Deery that David, now aged 10, had been shopping with his mum, Ms Maria Slava, in Supervalu at Palmerstown Centre, Kennelsfort Road, Dublin, when the incident happened.

In an outline of David’s case Ms Kirby said a large piece of angle iron had fallen from above where a man was working and hit David on the head.

Through his mother David had sued William Norton, who trades as Aerial and Satellite Installation, Ballyowen Road, Lucan, Co Dublin, whose installer had been working in Supervalu at the time.

Ms Slava stated in an affidavit that David had fallen to the ground and appeared lifeless and not moving.

“I carried him to a GP’s surgery based nearby and the doctor called an ambulance which brought him to the emergency department of Tallaght Hospital,” Ms Slava said.

Ms Kirby told the court that the defendant had offered settlement terms of €28,000 general damages with special damages of €1,833.

Judge Deery approved the settlement.

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