A seven-year-old boy, who was injured when his head was trapped in electric security gates, was yesterday awarded over €50,000 damages in the Circuit Civil Court.
Judge John Aylmer heard Lee McCabe was four when the gates closed on his head. He was rescued by a neighbour who heard him crying for help.
Conor Kearney, for Lee, told the court that Circuit Court president Mr Justice Raymond Groarke last year rejected a €37,000 assessment by the Personal Injuries Board.
Mr Kearney said Lee, of Griffith Parade, Finglas East, Dublin, suffered serious lacerations to his head and was left with significant scars above his right eye and within his hairline on the back of his head. He told Judge Aylmer that the incident was caused by faulty sensors, which failed to sense the boy’s presence as the gates closed.
Through his mother Michelle McCabe, Lee sued Lanesborough CDE & F Management Company Limited, Lanesborough Square Development, Finglas, Dublin.
Mr Kearney said an original assessment by the Personal Injuries Board of €37,133 had been accepted by the boy’s mother but was rejected by the defendant.
When the case appeared before the court for directions in July last year, Mr Kearney refused to recommend approval of the €37,133 figure, suggesting a figure of €45,000.
Judge Groarke, on examining Lee’s scars and considering medical reports, rejected the offer, which he felt was still very much on the low side.
Mr Kearney said since that time, the defendants had reconsidered their offer and increased it to €50,000 together with special damages and expenses which brought the proffered settlement up to €52,133.
Judge Aylmer approved the new offer with costs against the defendant.
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