Boy who fell off bike and injured lip awarded €65,000

The settlement was made without admission of liability. 

 

Malcolm Akpaka, then aged eight, was cycling in a housing estate, Cruise Park Close, Tyrrelstown, Dublin, on July 14th 2011 when it is claimed his front wheel hit a pothole one foot deep (0.3m). 

 

Mr Justice Garret Simons was told the boy fell off his bicycle and suffered a deep laceration to his upper lip. He was taken to hospital and had stitches to the lip and has now been left with a scar. 

 

Now aged 16, the boy, of Cruise Park Drive, Tyrrelstown, sued Fisher Property Management Ltd, Main Street, Ongar,Dublin and Tyrrelstown No 8 Management Company Ltd care of Fisher Property Management, which were responsible for maintenance of the estate common area and Earthwood Ltd, The Plaza,Tyrrelstown, which constructed the roads in the estate over the accident on July 14th, 2011. 

 

It was claimed the accident happened on a road way with a cobblelock footway and the pothole was between the cobblelock and the tarmacadam. The claims were denied by all three defendants and the court heard that liability was at issue between the defendants. 

 

Mr Justice Simons said he was satisfied to make an order ruling the settlement, made without an admission of liability.