Boy who fractured skull after fall into a cellar settles case for €125,000
Posted on 12th October 2020 at 19:01
A boy who slipped and fell back into a cellar while attending a local festival has settled his High Court action for €125,000.
Dylan Stokes was aged 11 when he fell three metres into the cellar, fracturing his skull.
The High Court heard he was playing near a walled circular stone area when the accident happened in Carrick-on-Shannon, Co Leitrim.
He fell down over three metres to the ground and was taken to Sligo General Hospital. He was complaining of dizziness and headaches on admission.
The court heard he had ongoing headaches and was transferred to a children’s hospital in Dublin.
Stokes also had blurred vision but this later cleared up and a CT scan showed a small fracture to the skull.
Mr Justice Garrett Simons was told the family had since moved from the Carrick-on-Shannon area to Dublin. Stokes had played sport before his accident but had not returned to it, or to boxing, which he previously enjoyed, the court heard.
Now aged 17, Stokes, of Lucan, Co Dublin, had through his mother Eileen Stokes sued MRD Marketing Ltd, The Market Yard Centre, Carrick-on-Shannon, over the accident on June 1st, 2014 near the entrance of The Court Yard, Market Yard.
He had claimed failure to have regard for his health and safety and exposure to a risk of damage or injury of which the defendant knew or ought to have known.
It was further claimed an unconventional or unusual construction detail was present in the area.
The claims were denied.
Approving the settlement, Mr Justice Simons said Stokes had suffered a substantial injury after a very serious fall. Stokes had nightmares after the accident, involving him falling, and has a fear of heights, the judge noted.
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