Child injured in collision with toy cars at Dublin nursery awarded €47,500 in compensation – The Irish Times

A child who suffered an injury to the chin and neck in a nursery while riding in a plastic toy car and was hit by another child in the toy car has received compensation as part of a settlement in the District Civil Court.

A four-year-old child had to wait more than eight hours in the emergency department at Crumlin Children’s Hospital before a junior doctor saw him, a court heard.

Defense barrister Neil Rafter told Judge Christopher Callan that the junior doctor believed the wound was so deep that Alun Lang and his mother would have to wait to see a senior doctor.

On October 26, 2017, the boy was carousing around in a toy car when another child moving his legs on both sides of an identical car collided with him, Rafter told the court. “A piece of shrapnel from one of the bumper cars struck Alun in the chin and neck, causing a laceration over an inch long,” he said.

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

Mrs Bing, of Rathdown Terrace, Sandyford Road, Dublin 16, told Judge Callan in a statement that her son was left with a 3cm scar which she believed would cause him embarrassment later in life.

Mr Rafter, who acted for Padraig Murphy Solicitors, said that seven years after the incident the boy was afraid of high-impact sports such as football and avoided them, preferring swimming and table tennis. The scar remained slightly indented and the plastic surgeon decided that surgical intervention would not help.

The lawyer stated that liability was not in dispute and Park Academy Childcare Limited made a settlement offer of €47,500, which he recommended to the court. Considering the length and location of the scar, he felt the offer was appropriate.

Approval of settlement of costs. Judge Callan said it was good.

The court heard that when an ambulance was called to the nursery, the boy was terrified to get there and his mother had to take him by car to Crumlin Children’s Hospital. His wound was cleaned and closed with surgical paper sutures.