Saturday 14 December 2019

Girl (9) who had to be cut from car after accident awarded €45k damages

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A nine-year-old child, who had to be cut from her father’s car by firemen following an accident, has been awarded €45,000 damages in the Circuit Civil Court.

Barrister Shane English told Circuit Court President, Mr Justice Raymond Groarke, that Isabella Osborne had immediately been put in a neck brace and had full spinal precautions for about four hours.

Mr English, who appeared with Gore and Grimes Solicitors for Isabella, said she had suffered a suspected spinal neck injury but x-rays revealed there had been no fractures. The MPV driven by her father Christopher Osborne, of Glen Ellen Park, Swords, Co Dublin, had been rear ended on the Swords – Ashbourne Road.

She had suffered significant pain with decreased range of movement of her neck and had difficulties with her right shoulder and thoracic spine.

Mr English said Isabella, who sued motorist Noel McNally, Clonard Street, Balbriggan, Co Dublin, had to give up her hobbies of horse riding, ballet and swimming, but had renewed horse riding by January 2013.

She had suffered a mid-right rotator cup muscle injury which had healed with physiotherapy but had been left with mild joint pain.

Mr English told Judge Groarke in the Circuit Civil Court that the case had been before him in October last when the defendant’s insurers had made a settlement offer of €30,000.  Both he and the court had some reservations as Isabella still had some problems with her shoulder.

The case had been adjourned to facilitate a further review of Isabella’s injuries by Consultant Orthopaedic Surgeon, Mr Hannan Mullett who reported she still had ongoing discomfort in the area of her right shoulder blade.

He told the court Isabella had developed an element of scapula dyskinesia, a painful disorder of the shoulder blade and a condition that was seen with some frequency in such patients.

Mr Mullett said it was reasonable to assume that the development of the scapula dyskinesia was due to the accident.

Mr English said the defendants had increased their settlement offer to €45,000 and he recommended the court’s acceptance of it.  Judge Groarke approved the settlement.

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