AN EIGHT-YEAR-OLD schoolboy, who hit his head on concrete while attending a creche seven years ago, has been awarded €35,000 damages in the Circuit Civil Court.
Barrister Conor Kearney told the court that Nathan Doyle was 17-months-old in October 2009 when he allegedly crawled out of the back door at Happy Ways Creche in Santry, north Dublin, and struck his head in the back garden.
Kearney said Nathan later developed two black eyes and his balance was unsteady. He had been taken by his mother, Emma Doyle, to the Emergency Department of Temple Street Children’s Hospital where x-rays revealed no fracture.
Counsel today told Circuit Court President Mr Justice Raymond Groarke that Nathan suffered bruising to his forehead for several weeks. His injury had left a 3 centimetre scar.
Through his mother, Emma, Nathan sued Miriam Caffrey, who trades as Happy Ways Creche, for negligence.
Kearney said there were difficulties in the case as the creche denied liability and there was also some confusion about the exact circumstances of the accident.
He said the defendant had made a €35,000 settlement offer and although it was his view the case was worth about €70,000, there would be an issue in relation to liability if the case proceeded to a full trial.
Judge Groarke, approving the offer, told Ms Doyle that he was conscious that the case was worth more, but “it would be reckless of me to turn my back on the offer given the difficulties in the case”.
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