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Boy who fell off bike and cut lip after allegedly hitting pot hole awarded €65,000 damages


Stock photo

Stock photo

Stock photo

A BOY who injured his lip when he fell off his bike after the front wheel allegedly hit a pot hole has settled his High Court action for €65,000.

Malcolm Akpaka, who was then eight years old, was cycling in Cruise Park Close in Tyrrelstown, Dublin on July 14 2011 when it is claimed his front wheel hit the pothole which was one foot deep.

Mr Justice Garret Simons was told the boy, who had been cycling at Cruise Park Close, in Tyrrelstown, Dublin, suffered a deep laceration to his upper lip.

He was taken to hospital and had to have stitches to the lip and has now been left with a scar.

Malcolm Akpaka (now aged 16) Cruise Park Drive, Tyrrelstown,Dublin had sued Fisher Property Management Ltd, Main Street, Ongar, Dublin and Tyrrelstown No 8 Management Company Ltd care of Fisher Property Management, which were responsible for maintenance of the estate common area and Earthwood Ltd, The Plaza, Tyrrelstown, Dublin, which constructed the roads in the estate over the accident.

The accident was on a road way with a cobblelock footway  and the pothole it was claimed was between the cobblelock and the tarmacadam.

The claims were denied by all three defendants and the court heard that liability was at issue  between the defendants.

 Mr Justice Simons said he was satisfied to make an order ruling the settlement. The settlement is without an admission of liability.

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