Saturday 14 December 2019

Settlements of €27k for child who was scalded at Chinese restaurant

The judge threw out McDonagh’s claim which meant the six other claims collapsed with it and were dismissed
The judge threw out McDonagh’s claim which meant the six other claims collapsed with it and were dismissed

Ray Managh

An eight months old child, who was scalded when she pulled a bowl of boiling water over her upper and lower body at a dinner table, has been awarded €27,500 damages against a Dublin Chinese Restaurant.

Barrister Rory O’Reilly told the Circuit Civil Court Tuesday that little Lilly Caulfield’s dad had rushed her to the restaurant bathroom to pour cold water over her wounds.

Pieces of scalded skin came away from the child’s right arm as her parents removed her clothes in the toilet area, Circuit Court President Mr Justice Raymond Groarke heard.

Mr O’Reilly, who appeared with O’Reilly Doherty Solicitors, told the court Lilly had been sitting in a high chair in the Royal Plaza Chinese Restaurant at Meakstown, Finglas, in February 2014.

He said she had been sitting in the restaurant with her family and her mother, Lisa Caulfield, Shangan Park, Ballymun, Dublin, had asked for some warm water to be brought to heat up some baby food for Lilly.

Mr O’Reilly said the water had been placed before the child by a waiter and before her parents could react she had accidentally pulled the bowl of boiling water down on herself, burning her right arm, chest and legs.

Lilly’s father had grabbed her from the high chair, rushed to the toilet area and splashed cold water over her wounds.  Her clothes had been removed before she had been rushed by car to the Emergency Department of Temple Street Children’s University Hospital.

Mr O’Reilly said Lilly had been attended by nurses and plastic surgery staff at the hospital where she was found to have one per cent burns which were dressed.  She had been given pain killers before being allowed home.  She had to undergo painful re-dressings before her wounds had healed.

Counsel told the court Lilly, now just short of five years old, had sued, through her mother, China Island Limited which trades as Royal Plaza restaurant, Meakstown, Finglas.  The Injuries Board had assessed damages at €12,000 which Judge Groarke had earlier refused asinadequate.

Mr O’Reilly said Lilly had subsequently been reviewed by Mr Kevin Cronin, Consultant Plastic Surgeon whose opinion was that she had been left with a small indentation scar of a permanent nature on her right arm.

Judge Groarke, who heard Lilly had to endure some months of quite painful treatment, approved a settlement offer by the restaurant of €27,500.

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