Wednesday 13 December 2017

Boy (6) who had tip of thumb amputated after he caught it on playground gate awarded €41k

Ciara Tobin, mother of Kevin Tobin, from Castleknock, Dublin pictured leaving the Four Courts after the High Court approved a settlement offer of €41,000 damages on behalf of Kevin. Photo: Collins Courts
Ciara Tobin, mother of Kevin Tobin, from Castleknock, Dublin pictured leaving the Four Courts after the High Court approved a settlement offer of €41,000 damages on behalf of Kevin. Photo: Collins Courts
The High Court, Dublin

Aodhan O'Faolain

A boy who had to have the tip of his thumb amputated after he caught it on a playground gate has settled his High Court action for €41,000.

Kevin Tobin was six when his thumb was injured after the hinge of the playground gate closed on him after the gate was opened by another child.

Gerardine Connolly SC, for the boy, told the High Court that Kevin,  who is now 11, had to have a partial amputation of the thumb tip after the accident and was left with scarring.

Through his mother, Ciara Tobin, Brompton Green, Castleknock, Dublin, he sued Fingal County Council as a result of the accident on June 26, 2012.

It was claimed the boy was at the playground at Riverwood, Clonsilla, when the hinge of the gate closed on his thumb when it was opened by another child.

It was claimed there was a failure to ensure the gate was in a safe condition.

There was also an alleged failure to ensure there was a metal stop on the gate to prevent it from fully opening.

The claims were denied.

Mr Justice Kevin Cross approved the settlement.

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