By Ann O'Loughlin
A child who fractured his lower arm when he fell off as he climbed a tower at Tayto Park five years years ago has settled his High Court action for €25,000.
Conor Bolger, the High Court heard, suffered a fracture and later had to have surgery and pins inserted near his elbow after the playground accident.
Conor Bolger (now aged 13) of Briarfield Road, Kilbarrack, Dublin had through his father Brian Bolger sued Ashbourne Visitor Centre Ltd,Co Meath trading as Tayto Park as a result of the incident on March 25, 2012.
It was claimed the young boy was playing in the playground which was the central attraction in the visitor centre. He fell from one of the high towers in the playground which it was alleged was overcrowded.
It was claimed the ground below was allegedly insufficiently covered with wood chips and the boy suffered a fracture to his left elbow. His elbow was in a cast for four weeks and he had to have surgery and have pins inserted in the elbow.
It was further claimed there was an alleged failure to have in place a proper system of inspection and replenishment of and raking of wood chips in the playground to plimsoll level.
The claims were denied.
David McGrath SC said the boy was climbing up one of the towers when he fell. There was, Counsel said no criticism of the tower itself and the boy "just fell".
Counsel said he suffered a serious injury and has been left with a scar but has made a good recovery. The family, he said were happy with the settlement.
Approving the settlement, Mr Justice Kevin Cross who inspected the scar on the boy's elbow said it was not too upsetting and he noted Conor liked to play basketball which required some dexterity.