Monday 23 April 2018

Boy who broke wrist in garden fall gets €10k

Kelly Ann Kenny sued after her son broke his wrist in the garden
Kelly Ann Kenny sued after her son broke his wrist in the garden

Saurya Cherfi

A six-year-old boy, who broke his left wrist after falling in a pothole in his garden, has been awarded €10,000 damages in the Circuit Civil Court.

Barrister Seosaimhin Ni Chathasaigh, counsel for Daniel Maguire, who sued Dublin City Council through his mother Kelly Ann Kenny, said the family considered the house at Cashel Avenue, Crumlin, Dublin unfit for human habitation.

The 'unfit for human habitation' allegation, which was denied by Dublin City Council, was yesterday rejected by Circuit Court President Mr Justice Raymond Groarke. The council had also claimed the family had an obligation to maintain its own garden.

Ms Ní Chathasaigh said when Ms Kenny, her seven children and her partner Thomas Maguire, moved into the house in 2009, they had not been allowed to inspect it. The family were living in a homeless shelter and wanted to leave it as soon as possible.

Mr Maguire said it was only after they had moved in that they saw the garden had holes everywhere.

Judge Groarke approved the council's €10,000 settlement offer which was made without admission of liability.

Irish Independent

Today's news headlines, directly to your inbox every morning.

Editor's Choice

Also in Irish News