€8k for boy told to drop trousers

A BOY has been awarded €8,000 in compensation after he was asked to drop his trousers in a shop to prove he had not stolen a bottle of coke.

The boy was aged 9 at the time.

Barrister Colm MacCarvill told Dublin Circuit Civil Court that in June 2007, Lee Connor Quirk had been approached by the manager of Lena Stores Limited, trading as Jordan’s Centra, Springfield Shopping Centre, Tallaght.

The manager told the boy he had been informed by a member of staff that he had been seen placing the bottle down his trousers.

“The manager requested Lee pull down his trousers to show there wasn’t a bottle there,” Mr MacCarvill said.

“After several requests to pull down his trousers, Lee did so to reveal there was no bottle concealed.”

Mr MacCarvill told Mr Justice Matthew Deery that: “After pulling down his trousers, he had been instructed to leave the store with no apology from the manager.”

The barrister told Judge Deery that liability was in issue in the case and that a settlement offer of €8,000 and costs had been made by Lena Stores Limited to Lee, of Kilmartin Gardens, Fettercairn, Tallaght, who had sued the shop through his mother, Fiona Quirk.

Mr MacCarvill, who was asking the court to make a ruling on the proposed settlement, said he could not recommend approval because of a suggestion in a medical report that Lee may have suffered psychological stress as a result of the incident. The boy had been taken to his local doctor who had strongly recommended he be seen by a psychologist.

“Lee’s mother believes that to be unnecessary and thinks further visits would simply be a matter of re-living the incident again and again. She believes Lee has fully recovered and is doing very well. ”

His mother had told him the only adverse issue was that Lee was still unwilling to go back to the shop in question with his mother or guardian.

Mr MacCarvill said Lee, now aged 13, had done very well with his school at gaelic football and soccer and was a very active horse show jumper.

Mr Justice Deery, approving the €8,000 settlement, said Lee’s mother was anxious it be accepted and the court wholly endorsed that wish. She had taken the view there had been a very good recovery from a very unfortunate incident.

“It is the type of incident that should be put behind one and the parent’s views must be taken into consideration.”