A nine-year-old boy who was struck by a car as he crossed Aungier Street,Dublin, at a pedestrian crossing has been awarded damages of €32,000 in the Circuit Civil Court.
Circuit Court President, Mr Justice Raymond Groarke, heard that on 26 September 2015, Evan Byrne of Mercer House, Dublin 2 had been crossing the road around the area of Whitefriar Street Church when he had been hit by a passing car.
Jane Ferry, counsel for Evan, told the court that the impact had occurred as the child approached the far side of the pedestrian crossing. The vehicle that hit Evan had been driven by George McCutcheon of Roebuck Down, Goatstown, Dublin 14.
Ms Ferry, who appeared with Rose Sweeney of Coleman Legal Partners Solicitors, told Judge Groarke that liability had been an issue in this case as a number of witnesses had told McCutcheon that the accident had not been his fault.
They had said Evan had run out in front of him when Mr McCutcheon had a green light.
Judge Groarke heard that Evan, who sued through his mother Melissa Byrne, had been knocked to the ground when the impact occurred. He had been taken to Our Lady’s Children’s Hospital where he had been admitted and treated for his injuries.
Counsel said he had suffered two lacerations to his face, one on his eyebrow and one below his chin. The one inch laceration on his eyebrow had required cleaning and had to be glued, leaving him with a small scar.
Ms Ferry said the laceration to Evan’s chin had required paper stitches and had left him with a second scar. He had also sustained damage to his adult teeth. One tooth on his lower teeth had been fractured and another had been chipped.
The court heard that his mouth had remained sensitive to hot or cold liquids and he had avoided using the left side of his mouth. Evan, who is now 12 years old, will be able to get these issues resolved when he turns 16.
Judge Groarke said he had not been happy to approve an earlier offer of €25,000 as he believed the case had been worth more. He had asked Ms Ferry to seek an increased settlement offer.
Judge Groarke approved the settlement offer of €31,000 plus €1,500 special damages.