Mum sat on top of friend in row over school run

A mother who sat on top of another school mum and punched her in a row over the school run must pay out €21,000 damages to her victim.

Mr Justice Michael White in the High Court said it was a “very unfortunate situation” where the woman who had been assisting her friend with childcare became the subject of such a violent assault.

Making the award, the judge said he was satisfied that Abiola Adiyinka was injured in an unprovoked assault which was severe in nature.

The court heard Mrs Adiyinka and Idowu Nduirbu, both originally from Nigeria, were friends and their daughters went to school together at St Bernadette’s NS, Quarryvale, Clondalkin, Dublin.

Mrs Adiyinka, Harelawn Drive, Clondalkin, Dublin, had sued Nduirbu, Liffey Grove, Lucan, as a result of the assault as they both waited outside the gates of St Bernadette’s on November 5, 2010.

Mr Justice White said the accounts of the two women were diametrically opposed and the only objective evidence in the case was the medical evidence. Mrs Adiyinka was seen by a doctor and received 20 stitches to her head.

The judge said the injuries were of a soft tissue type and he assessed general damages at €20,000 along with special damages of over €1,000.

In evidence, Mrs Adiyinka said she was pulled from the car by her hair and Nduirbu sat on her chest while she punched her in the face while she was holding her car keys in her hand.

“She sat on my chest; it was like I was paralysed. Two men had to lift her off me,” Mrs Adiyinka told the court.

Nduirbu claimed she had acted in self-defence when Mrs Adiyinka had called her names and she had only loosely held the other woman to the ground with her knees.

The court heard Nduirbu had pleaded guilty before Dublin Circuit Criminal Court to assault causing harm in relation to the incident. An 18-month suspended sentence was imposed.

Mr Justice White said there was an arrangement between the women that Mrs Adiyinka would bring Nduirbu’s daughter home with her at times and sometimes Nduirbu’s two other children would also walk to the friend’s house.

Both sides had complaints, the judge said, with Mrs Adiyinka feeling put upon, thinking her friend was abusing their friendship.

Nduirbu complained her friend had on previous occasions changed her mind at short notice about picking up her child at school.

The matter had come to a head in November 2010 after Mrs Adiyinka indicated over the phone to her friend that she was not going to continue the arrangement.

There was an exchange of words between the women outside the school and Mrs Adiyinka informed the principal of the exchange.

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