Thursday 16 August 2018

Settlement of €30k for boy who hurt his finger in bowling ball incident as a toddler

Bowling alley (Photo: Getty Images)
Bowling alley (Photo: Getty Images)

Tim Healy

An eight-year-old boy who, as a toddler, hurt his finger when he was holding a bowling ball has settled his High Court action for €30,000.

Kaylum Devitt has been left with a raised 2cm scar on his right index finger, the court was told.

The settlement was with a full denial of liability, the court heard.

Kaylum, of Buirg an Ri, Balgaddy, Lucan, Co Dublin, through his mother Natalie Devitt, sued XL Bowl Limited trading as Superdome, Kennelsfort Road, Palmerstown, Dublin, as a result of the accident on March 18 2012.

It was claimed the boy's right index finger was caused to be lacerated by a bowling ball  and he suffered a fracture to the  finger and had to have surgery on it.

It was also claimed there was an alleged failure to take any or any adequate precautions for the safety of the child and the bowling ball was allegedly allowed to be and to remain a danger or hazard on the premises.

It was further claimed there was an alleged failure to provide appropriate children's equipment in circumstances where it was at all material times represented the bowling alley was safe for children.

The claims were denied and XL Bowl said it would be contended in court there was an alleged failure to adequately or properly supervise the toddler at the time.

Philip Sheahan SC, for Kaylum, told the court the little boy was in the bowling alley with his family and siblings.

Counsel said it appeared there may be two conflicting accounts of what happened and a claim that people were distracted elsewhere at the time.

He said the hospital note referred to the boy's fingers in the holes of the ball and another account referred to the ball slipping when the boy's fingers were in the two holes.

Mr Justice Anthony Barr, who examined the scar, said the settlement was for a realistic sum.

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