Tuesday 20 March 2018

Girl (4) who broke wrist after fall from slide in creche awarded €15,000

Clare Cullen, with her daughter, Lilly (4), leaving court
Clare Cullen, with her daughter, Lilly (4), leaving court

Saurya Cherfi

A four-year-old girl, who broke her left wrist after falling from a slide in a Dublin creche, has been awarded €15,000 damages in the Circuit Civil Court.

Barrister Pat Purcell told the court that in July 2012 Lilly Cullen had been attending Cobblestone Cottage Creche & Montessori, at Newtown Cottages, Malahide Road, when she fell heavily from the slide.

Mr Purcell today said CCTV footage of the incident showed that Lilly, who was almost two-year-old at the time, had fallen several times that day. Counsel said Lilly could be seen holding her wrist.

The court heard that Lilly had been very upset when her mother collected her that day. She had been taken to Children’s University Hospital at Temple Street, Dublin, where X-rays revealed a fracture of her wrist.

Circuit Court President Mr Justice Raymond Groarke heard that little Lilly, of Newtown Court, Malahide Road, Dublin, had needed to wear a back slab before being placed in a full arm cast for three weeks.

Through her mother Clare Cullen, Lilly sued Auctor Ltd, which trades as Cobblestone Cottage Creche & Montessori, for negligence and breach of duty. 

She claimed the creche had failed to properly supervise her while she was using the slide, and had failed to notice she had fallen several times that day.

Today the court had initially been told that liability had been admitted in the case, which had become an assessment of damages only.

Mr Purcell said that following talks between the parties, Lilly’s case had settled. Counsel said the creche had made a €15,000 settlement offer and he was happy to recommend acceptance of it to the court.

Judge Groarke, hearing that Lilly had made a full recovery, approved the offer.

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