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Schoolboy gets €20k after cone broke toe

 

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Cone fractured boy’s toe

Cone fractured boy’s toe

Cone fractured boy’s toe

A school that offered a pupil €17,000 after he injured his foot was told told by a judge to think again and come up with more money.

The 15-year-old boy was injured after a teacher told him to move heavy cones in the playground.

Judge John O'Connor said in the Circuit Civil Court that Our Lady of Good Counsel Boys' National School could pay out as much as €25,000 to Joe Bennett, of Churchview Road, Killiney.

The judge granted the boy's barrister time to contact the school and inform it of the court's view before the settlement offer would be rejected and the case be sent to trial.

Grip

The barrister later told Judge O'Connor the school had increased its offer to €20,000.

Judge O'Connor had heard that in early February 2018, a teacher had told the then 12-year-old and another pupil to move cones that separated play areas.

The barrister said Joe had lost his grip on one of the wet cones, which fell on the big toe of his left foot.

"Liability has not been conceded, but we have the view of forensic engineer Karl Searson that the cone had been modified with the attachment to its base of a metal plate, making it unsuitable for being moved by children," the barrister said.

She said the boy had struggled through classes for the remainder of the school day.

The accident happened on a Friday, and the boy, due to increasing pain, had been taken to the accident and emergency unit of Tallaght Hospital, where it was found his big toe was fractured.

He had to have his nail punctured and the fluid drained.

He was on crutches for several days.

Judge O'Connor said the boy had suffered a great deal of pain and his social and sporting activities were affected.

He approved the increased compensation of €20,000.


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