A child who sustained a gash to his chin and neck in a creche when he was scooting on a plastic toy car and another child on a toy car crashed into him has been awarded damages in settlement of his action at the Circuit Civil Court.
The four-year-old child had to wait more than eight hours in Crumlin Children’s Hospital emergency department before being seen by a junior doctor, the court heard.
Barrister Neil Rafter told Judge Christopher Callan the junior doctor felt the wound was so deep that Alun Lang and his mother would have to wait to be seen by a more senior doctor.
On October 26th, 2017, the boy had been scooting on the toy car when another child, similarly propelling himself with his feet on either side of an identical 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 creche.
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, the boy 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 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.
The court had heard that when an ambulance was called to the creche, the boy had been terrified about getting in to it and his mother had 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.
