HomeWorldBoy awarded almost €50,000 over toy car crash at crèche

Boy awarded almost €50,000 over toy car crash at crèche

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A four-year-old child, with what was described as a deep nasty gash to his chin and neck, had to wait for more than eight hours in Crumlin Children’s Hospital accident department before being seen by a junior doctor, a court has heard.

Barrister Neil Rafter told Judge Christopher Callan in the Circuit Civil Court that the junior doctor felt the wound was so deep that Alun Lang and his mum would have to further wait to be seen by a more senior doctor.

Alun had earlier on 26 October 2017 been scooting along on a plastic toy car in a crèche when another child, similarly propelling himself with his feet on either side of an identical toy car, crashed into him, Mr Rafter told the court.

“A fragment from one of the toy cars struck Alun on his chin and neck causing more than an inch-long laceration,” he said.

The boy, now aged 11, through his mother Pei (otherwise Emma) Bing, sued Park Academy Childcare, Beacon Court, Bracken Road, Sandyford, Dublin, for €60,000 damages for personal injuries alleging negligence on the part of the crèche.

Ms Bing, of Rathdown Terrace, Sandyford Road, Dublin 16, told Judge Callan in an affidavit that her son had been left with a 3cm scar she felt may cause him embarrassment later in life.

Mr Rafter, who appeared with Padraig Murphy Solicitors, said that seven years after the incident Alun was fearful of and avoided body contact sports such as football and preferred swimming and table tennis.

The scar remained slightly indented and a plastic surgeon had considered it would not be helped by surgical intervention.

Counsel said liability was not in contention and Park Academy Childcare Limited had made Alun a settlement offer of €47,500 which he was recommending to the court.

Considering the length and position of the scar he felt the offer was an appropriate one.

Approving the settlement with costs, Judge Callan said it was a good one and added he was sorry Alun had to give up football.

The court had heard that when an ambulance had been called to the crèche Alun had been terrified about getting into it and his mum had to take him to Crumlin Children’s Hospital by car.

His injury had been cleaned and closed with the use of surgical paper sutures.

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