Boy (9) who broke bone in his leg at a crèche, awarded €52k damages
A nine-year-old schoolboy, who broke a bone in his leg at a crèche five years ago, was awarded €52,600 damages against the crèche owners on Tuesday.
Ms Andrea Geraghty told Circuit Court President, Mr Justice Raymond Groarke, that her son, Cillian, who was just four at the time, had been startled and fell in the washroom at the crèche when a light was suddenly switched off and on.
Barrister Ronan Quinn, counsel for Ms Geraghty and Cillian, who live at Airpark Court, Stocking Lane, Rathfarnham, Dublin 16, said Cillian was among a group taken to the washroom to use the facilities on September 17, 2013, just days after his fourth birthday, when the accident happened.
Mr Quinn, who appeared with Joe Clancy Solicitors, told the court that Cillian had suffered a fracture to a thigh bone as a result of the fall and had been confined for some weeks at home in a right hip spica cast.
Counsel said Cillian had been admitted to Crumlin Hospital on the day of the accident and detained overnight. He had undergone surgery the following day.
Mr Quinn said that following initial treatment and care Dr Paula Kelly, consultant orthopaedic foot and ankle surgeon at the Beacon Consultants Clinic, Sandyford, Dublin, had noticed a .5 (point five) millimetre length discrepancy in Cillian’s right leg but had stated in follow-up reviews that this had resolved.
Ms Geraghty told the court in an affidavit that the Personal Injuries Board had assessed compensation for Cillian’s injury at €32,000 but she had refused to accept this and, following talks between the legal teams on both sides, RSA Insurance, on behalf of the crèche had made an offer of €50,000.
Cillian’s mum, who had brought a €60,000 claim against the Knocklyon Lodge Crèche and Montessori Limited, Old Knocklyon Road, Rathfarnham, told the court the family also had to repay €2,000 to their private health insurers. Negligence and breach of duty had been alleged against the crèche owners.
Judge Groarke, who said he was satisfied from Ms Geraghty assurances to the court that Cillian had fully recovered after the accident, approved settlement terms of €52,600.