Posted: March 10th, 2021
A €90,000 High Court Injury Compensation settlement has been awarded for a child who was left with cuts to her face after falling into brambles at her Montessori school.
Cara Faye O’Brien O’Keeffe, now aged six, took the legal action via her father Mark, of The Paddocks, Portrane Road, Donabate, Co Dublin, the child had taken proceedings against the Representative Body of the Church of Ireland and Louise Fitzsimons, trading as Deerpark Montessori School, Swords, Co Dublin.
They were seeking the compensation in relation to the lacerations and abrasions that she sustained to her face on April 19th 2018 when she fell into brambles while playing at her school. She was just three and a half years old when the incident occurred. They alleged that the brambles at the centre of the accident had been allowed to grow at the side of the play area where children were present. Additionally Cara was not under supervision at the time the accident occurred.
David Burke BL who was seeking approval of the personal injury compensation settlement offer on Monday for the plaintiff informed the court that his side were satisfied with the offer. He said that he was recommending the approval for a number of reasons including the fact that the Court of Appeal, had in other similar cases, reduced a lesser settlement on appeal.
Mr Justice Garrett Simons, as he was delivering his ruling, said the settlement offer for seemed “very generous” and he had no hesitation approving it. He added that this had been an unfortunate accident and the child suffered “quite nasty injuries”. He added that a number of the scars were permanent and he was told a larger scar was unlikely to be improved by surgical intervention. The child is still quite young and not very conscious of the scars now but may be conscious of them in her teenage years, he continued.
Recognising the Court of Appeal’s reduction of a lesser award in a case involving a scalding accident, the judge said the settlement offer was very good for a case like this and gave his approval to it.
Categories: Child Claims