Barrister Conor Kearney told the court Nathan Doyle was 17 months old in October 2009 when he allegedly crawled out of the back door at Happy Ways Creche, Shanliss Walk, Santry, and hit his head in the garden.
Mr Kearney said Nathan developed two black eyes and his balance was unsteady. He was taken by his mother, Emma Doyle, to the Children’s University Hospital, Temple Street, Dublin, were X-rays showed no fracture.
Counsel yesterday told Mr Justice Raymond Groarke that Nathan suffered bruising to his forehead for several weeks. His injury had left a 3cm scar.
Through his mother, Nathan, of St Canice’s Court, Finglas, Dublin, sued Miriam Caffrey, who trades as Happy Ways Creche, for negligence.
Mr Kearney said there were difficulties in the case as the creche denied liability and there was also some confusion about the exact circumstances of the accident.
He said the defendant had made a €35,000 settlement offer and although it was his view the case was worth about €70,000, there would be an issue in relation to liability if the case proceeded to a full trial.
Judge Groarke approved the offer.