€28k rejected for dodgeball injury

A judge yesterday refused a €28,000 settlement offer to a 10-year-old schoolboy whose nose was fractured during an accident at a summer camp.

Circuit Court President Mr Justice Raymond Groarke said he feared the sum would not be enough to compensate Jack Griffin, who is still suffering from nasal congestion as a result of the incident in July 2011.

Barrister Conor Kearney had told the Circuit Civil Court that Jack had been playing dodgeball while attending Camp Crunch at Crunch Fitness, Westmans-town, Dublin, when a goalpost fell down and struck him on his nose and above his left eye.

Mr Kearney said Jack suffered several small lacerations and his nose had been bleeding from within. He was taken to the emergency department of Crumlin Hospital where his lacerations were stitched.

Judge Groarke was told that X-rays later revealed a nose fracture which required manipulation under general anaesthetic. The court heard that Jack’s nose had a minor deviation and a small scar.

Through his mother, Suzanne Griffin, of The Grove, Dunboyne Castle, Co Meath, Jack sued Crunch Fitness Premier Ltd, with a registered office at C/O Byrne Moreau Connell, Unit 2 Harmony Court, Harmony Row, Dublin, for negligence.

Mr Kearney told the court that the gym had made a €28,000 settlement offer, but he was of the view that it was at the lower end of the compensation scale as Jack’s condition was ongoing.

Judge Groarke said he was not enthusiastic about the offer of €28,000 in damages and he adjourned the case to a date next month to allow further talks between the parties.

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