herald

Monday 16 September 2019

€52k damages for boy who broke thigh bone in creche fall

Mother Andrea Geraghty
Mother Andrea Geraghty

A nine-year-old schoolboy who broke a bone in his leg at a creche five years ago was yesterday awarded €52,600 damages against its owners.

Andrea Geraghty told Circuit Court President Mr Justice Raymond Groarke that her son Cillian, who was four at the time, had been startled and fell in the washroom at the creche when a light was suddenly switched off and on.

Barrister Ronan Quinn, counsel for Ms Geraghty and Cillian, from Airpark Court, Stocking Lane, Rathfarnham, Dublin 16, said Cillian was among a group of children taken to the washroom to use the facilities on September 17, 2013, just days after his fourth birthday.

Mr Quinn, who appeared with Joe Clancy Solicitors, told the court that Cillian suffered a fracture to a thigh bone as a result of the fall and was confined for some weeks at home in a right hip spica cast.

Counsel said Cillian was admitted to Crumlin Hospital on the day of the accident and detained overnight.

He underwent surgery the following day.

Refused

Mr Quinn said that following initial treatment and care, Dr Paula Kelly, consultant orthopaedic foot and ankle surgeon at the Beacon Consultants Clinic, Sandyford, Dublin, noticed a 0.5mm length discrepancy in Cillian's right leg but stated in follow-up reviews that this had resolved.

Ms Geraghty told the court in an affidavit that the Personal Injuries Assessment Board had come up with a compensation figure of €32,000 for Cillian's injury but she had refused to accept this.

Following talks between the legal teams on both sides, RSA Insurance, on behalf of the creche, had made an offer of €50,000, she added.

Cillian's mother, who had brought a €60,000 claim against the Knocklyon Lodge Creche and Montessori Ltd, of Old Knocklyon Road, Rathfarnham, told the court that the family had also had to repay €2,000 to their private health insurers.

Negligence and breach of duty had been alleged against the creche owners.

Judge Groarke, who said he was satisfied from Ms Geraghty's assurances to the court that Cillian had fully recovered after the accident, approved settlement terms of €52,600.

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