Saturday 24 February 2018

Boy awarded damages asks judge for car tax payout

Saurya Cherfi

A 16-year-old school boy, who had just been awarded €20,500 damages for a personal injury claim, has asked a judge to pay him out €5,000 so he could insure and tax a car he had bought.

Circuit Court President Mr Justice Matthew Deery said that although he did not wish to see an uninsured car on the road he felt €5,000 was too much to pay out to the 16-year-old who will not be 17 until August.

Judge Deery, who was sitting for the last time as President of the Circuit Court, said he would allow a payment out of €2,000 to Joseph Dunne’s mother, Yvonne Dunne, who had brought the damages claim in the name of her son.

Barrister Stephen O’Donovan had told the court that on the 22nd June 2009, Joseph, who was 13 at the time, collected a bicycle he had purchased a few days earlier at Halfords in Liffey Valley Retail Park, Clondalkin, Dublin.

He had asked Halfords to assemble the bike for him and a few hours after collecting it, the handlebars became detached while he was riding it. Joseph, of Wheatfield Avenue, Clondalkin, Dublin, had fallen off the bicycle and had broken his right arm.

He was taken to Our Lady’s Hospital for Sick Children in Crumlin where X-rays revealed a fracture. He had undergone medical manipulation the following day under general anaesthetic and had worn a plaster for several weeks.

Through his mother Yvonne Dunne he sued Halfords Ltd, with a registered address at Icknield Street Drive, Washford West, Redditch, Worcestershire in the UK.

Mr O’Donovan told the court that the store had made a settlement offer of €20,500 and he was recommending it to the court.

Judge Deery said Joseph had made a satisfactory recovery and approved the offer.

Apart from the €2,000 pay-out to Mrs Dunne the remainder of the money will be invested in court funds until Joseph is 18.

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