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Monday 24 July 2017

Girl (6) awarded €22k after cutting her chin in Morocco resort fall

Denise Buckley
Denise Buckley

A child who fell and cut her chin while on holiday in Morocco with her family has been awarded €22,500 in compensation.

Sienna Buckley, who was three at the time of the incident in July 2013, tripped on a defective ramp at Agadir Beach Club. She was shocked and crying in pain after suffering a large gash to her chin.

"None of the hotel staff or receptionists offered to help despite the fact there was a lot of blood on the floor," the child's mother, Denise Buckley, told the Circuit Civil court.

Through her mother, Sienna, now aged six, sued Sunway Travel Limited and Linevana Limited, which trades as John Cassidy Travel.

Barrister Michael Morrissey told Circuit Court President Mr Justice Raymond Groarke that Sienna had been walking up a metal ramp over steps near the resort's reception area when she tripped and fell forward on her face.

He said Sienna, of Tyrconnell Park, Inchicore, Dublin, had put her foot in a gap between the top of the ramp and a step.

Her mother contacted a travel representative in the hotel to have the wound cleaned.

Mr Morrissey said the child was examined by Dr Fionnuala Joyce at Edenpark Surgery, Edenmore Park, Raheny, on the family's return.

The laceration had been slightly inflamed and Sienna was prescribed an antibiotic to deal with the infection.

Judge Groarke heard that Sienna had been left with a half-inch scar. Mr Morrissey said that, fortunately, it was under her chin and was mainly out of sight.

He said the defendants had made Sienna a settlement offer of €22,500, which he was recommending to the court. Judge Groarke approved the offer.

Screw

In another damages case, an 11-year-old boy who had to have 25 stitches in a gash on his leg was awarded €44,000 against Dublin City Council.

Barrister Fergus O'Higgins told the Circuit Civil Court that Nojus Baltrimus had been playing hide and seek in a local authority garden and caught his leg on an exposed screw that was jutting out from a water tank.

Mr O'Higgins said Nojus lived in a city council apartment in Liberty Court, Lower Clanbrassil Street.

On June 15, 2014 he had been playing with friends in the communal garden area of the Mercer Street Apartments and had hidden himself behind a water cylinder.

Mr O'Higgins told Judge Groarke that, when emerging from his hiding place, Nojus, now aged 14, caught his shin on the point of a metal screw.

Mr O'Higgins said Nojus had been taken to Crumlin Children's Hospital where the stitches were inserted.

The court heard he has been left with a large permanent scar on his right leg.

Mr O'Higgins said the council had made a settlement offer of €44,000 and costs to the boy and his mother, Sabina Bilyte. Judge Groarke approved the offer.

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