Child injured when toy cars collide in Dublin nursery awarded €47,500 to settle compensation action – The Irish Times

A child who suffered a cut to his chin and neck in a nursery when he was scootering on a plastic toy car and another child in a toy car crashed into him has been awarded damages to settle his action in the Circuit Civil Court.

The four-year-old had to wait more than eight hours in the emergency department at Crumlin Children’s Hospital before being seen by a junior doctor, the court heard.

Defense lawyer Neil Rafter told Judge Christopher Callan that the junior doctor felt the wound was so deep that Alun Lang and his mother would have to wait to be seen by a senior doctor.

On October 26, 2017, the boy was scootering on the toy car when another child, who was moving in a similar manner with his feet on either side of an identical car, crashed into him, Mr Rafter told the court. “A fragment from one of the toy cars hit Alun on the chin and neck, causing a laceration more than an inch long,” he said.

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

Mrs Bing, of Rathdown Terrace, Sandyford Road, Dublin 16, told Judge Callan in an affidavit that her son had been left with a 3cm scar which she believed could embarrass him later in life.

Mr Rafter, appearing with Padraig Murphy Solicitors, said the boy feared and avoided body contact sports such as football for seven years after the incident, preferring swimming and table tennis. The scar remained slightly indented and a plastic surgeon was of the opinion that surgical intervention would not change this.

Counsel said liability was not in dispute and that Park Academy Childcare Limited had made a settlement offer of €47,500, which he recommended to the court. Considering the length and position of the scar, he thought the offer was appropriate.

Approval of the settlement of costs. Judge Callan said it was a good one.

The court heard that when an ambulance was called to the nursery, the boy was terrified to get in and his mother had to drive him to Crumlin Children’s Hospital. His injury had been cleaned and closed using surgical paper sutures.