AN 11-YEAR-OLD SCHOOLBOY who was left “dangling over an underground car park” when a roof garden collapsed, has been awarded €10,000 damages in the Circuit Civil Court.
Barrister Gerard Humphreys told the court that Evan Sila was playing on the roof garden at Clare Village, Clarehall, Co Dublin, when the “traumatic incident” happened in September last year.
Humphreys said Evan was left dangling over an underground car park and managed to hold himself up by his armpits until his mother, Julie Fitzgerald, and other people came to rescue him.
Circuit Court President Mr Justice Raymond Groarke heard that Evan had been taken to Children’s University Hospital in Temple Street, Dublin.
He suffered pain, abrasions and bruising on his arms and chest.
The court was told that Evan, who also suffered pain in his rib area, was given painkillers. He had become nervous and had difficulty sleeping after the incident and had needed time off school.
Evan, through his mother Julie, sued owners Clare Village Management Company Ltd and O’Farrell Property Management Ltd, both of The Forge, Baker’s Corner, Rochestown Avenue, Dun Laoghaire, Co Dublin, and also construction company Albany Homes Ltd, of Suite D3/D4, The Cubes Office, Beacon South Quarter, Sandyford, Co Dublin, for negligence.
Evan, of Quilty House, Clare Village, Clarehall, claimed the defendants failed to have regard to his safety and had allowed the roof garden to be in a dangerous condition.
He also claimed the roof garden had been built in breach of the building regulations and constituted a hidden trap.
Humphreys said an engineering report from Desmond Kirwan Browne stated the roof garden had been constructed on plywood and was defective.
Humphreys said the defendants had made a €10,000 settlement offer and he recommended acceptance of it to the court. Judge Groarke, hearing that Evan had made a good recovery, approved the offer.
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