Intervention by judge sees damages raised €5k

The intervention of a judge yesterday resulted in damages which had been agreed to be paid to a schoolboy being increased by 50%.

Richard O’Brien, aged 10, of Fairview, Rathkeale, Co Limerick, had brought a case before Limerick Circuit Court arising out of swallowing a piece of plastic when eating a takeaway.

Ciara Daly, counsel for the boy, told Judge James Donohue said the boy had bought takeaway food at Eurospar, Rathkeale, on February 1, 2015.

While eating it at home, a small piece of plastic, 2cm by 1.5cm with chipped edges, lodged in his throat. His mother managed to get the plastic out with her fingers.

She took the boy to her GP and then to University Hospital Limerick.

Ms Daly said that as well as abrasions and contusions, the boy suffered nightmares as a result of his experience.

The personal injuries board had assessed damages at €10,000, with special damages of €150 and fees of €1,150. She said the parents of the boy were satisfied with this sum, and as it involved a minor under 18, the assessment had to be approved by the court.

Judge Donohue said the sum of €10,000 was on the light side and not enough.

Ms Daly, after a brief adjournment, informed the court the insurers of the defendant company were agreeable to increasing the award to €15,000 with costs.

Judge Donohue approved this settlement.

In a separate case, three young brothers who were in their father’s car when it was rear-ended were awarded €16,000 each for neck, back, and psychological injuries arising out of the accident which occurred at Greenhills Rd, Garryowen, in February 2015.

The brothers, James, aged 14, Anthony, aged 12, and Martin Casey, aged 10 of Toppins Field, Carew Park, Limerick, were said by counsel Michael Purtill, to be keen sportsmen at the time of the accident.

Anthony was an under-aged Munster boxing champion. He said the injuries they incurred had interrupted their sports activities.