Posted: October 22nd, 2019
A High Court personal injury compensation action has been settled for €65,000 in favour of a young boy who injured his lip when he fell off his bike after the front wheel allegedly hit a pothole.
On July 14 2011 the then eight-year-old Malcolm Akpaka allegedly fell from his bicycle when his front wheel hit the deep pothole which was one foot deep at Cruise Park Close in Tyrrelstown, Dublin
Mr Justice Garret Simons fell off his bicycle and suffered a deep laceration to his upper lip. The court was told that the pothole in question was around one-foot deep. Following the accident he was taken to hospital to receive medical attention. There Malcolm was administered with stitches to his lip. As a result of the accident and fall from his bicycle the now -16-year-old youth has been left with a scar.
Malcolm Akpaka, with and address at Cruise Park Drive, Tyrrelstown, Dublin took the personal injury compensation action against Fisher Property Management Ltd, Main Street, Ongar, Dublin and Tyrrelstown No 8 Management Company Ltd care of Fisher Property Management, which were charged with maintaining the condition of the roads and areas of the estate common area. he also sued Earthwood Ltd, The Plaza, Tyrrelstown, Dublin, the company who were contracted to construct the roads in the estate where the accident in question occurred.
The accident took place on a piece of roadway which featured a cobblelock footway. The court was told that the pothole had appear in the area between the cobblelock and the tarmacadam. Creating the potential for a dangerous accident.
The presiding judge was informed that all three defendants refuted the allegations that were made against them were contesting the issue of liability in relation to the accident.
Due to this, Mr Justice Simons said he was satisfied to make an order ruling the settlement, without an admission of liability.