Boy who hurt finger at birthday party settles court action for €50,000

Cillian Clarke, the High Court heard, suffered a ‘bursting’ type injury and had to have an operation on his left index finger as a result of the accident which happened when he was attending another child’s birthday party. 

 

Now aged 11, the boy, of Hollywoodrath, Hollystown, Co Dublin, through his mother Sarah Jane Walsh, sued Leisureplex Blanchardstown Ltd and Lock Leisure Ltd as a result of the accident in 2011 in the children’s play area of the Leisureplex Centre in the Blanchardstown Centre. 

 

The Leisureplex denied all claims and supplied CCTV footage which showed a member of the public and not a Leisureplex employee had pulled the gate shut causing the injury. 

 

Approving the settlement, Mr Justice Kevin Cross said he was delighted the boy had forgotten the accident and he wished Cillian well in the future. 

 

The judge said it was a difficult case in relation to liability and the case had settled for two-thirds of its value. 

 

Mr Justice Cross said it was a good settlement in the circumstances. 

 

Counsel for the boy Barney Quirke SC told the court that CCTV recently found in relation to the incident showed it was a member of the public and not a Leisureplex employee who had picked up the child and put him back in to the play area, closing the gate on his finger. 

 

Counsel said the boy suffered a nasty injury and has been left with a scar.