Tuesday 17 July 2018

Student (15) receives €18,700 settlement after she was attacked by large dog on lead

L-R: Santa (17) and her mum, Mara Gicevica pictured outside the Four courts yesterday after Santa was awarded €18,700 damages following a Circuit Civil Court action. Pic: Collins Courts
L-R: Santa (17) and her mum, Mara Gicevica pictured outside the Four courts yesterday after Santa was awarded €18,700 damages following a Circuit Civil Court action. Pic: Collins Courts

Ray Managh

A 15-year-old student was attacked by a large Husky dog which was on a lead and under the control of its owner’s daughter, a judge heard Tuesday.

Judge Terence O’Sullivan was told in the Circuit Civil Court that as the animal was passing Santa Gicevica on the footpath near her Tyrellstown, Dublin, home it jumped at her scratching her face and biting her arm.

Barrister Naoise MacEoin, who appeared for the girl with Carmody Moran Solicitors, said Santa, who is now aged 17, had been walking home from football training when she was attacked near Rathmere Crescent, Tyrellstown.

Ms MacEoin told the court that although abrasions to Santa’s face had healed quite quickly the marks were sometimes highlighted in cold weather. 

The dog had bitten deeply into Santa’s arm and she had required a tetanus injection and dressing changes for a number of weeks.

Santa sued Andrej Nesterovic, of Bellyree Rise, Tyrellstown, through her mum Mara Gicevica, Bealing Close, Tyrellstown.

Ms MacEoin said the incident had occurred on 19th October 2016 and Santa had been taken to Temple Street Children’s Hospital where her wounds were cleaned and dressed.  She had to return on a second occasion to have new dressings applied.

She said the dog had scratched the right side of Santa’s face and bitten into her right arm.  The dog had been on a leash and under the control of the respondent’s daughter at the time.

Judge O’Sullivan told Ms MacEoin he considered a €18,700 settlement offer she and Carmody Moran Solicitors had negotiated for Santa to be a good one and added that he had no difficulty in approving acceptance of it.

He directed that the money be paid into court funds until Santa’s 18th birthday on 20th April next year and made an order for costs in favour of Ms Gicevica’s legal team.

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