A three-year-old boy who had been crying for help when his father arrived to collect him from a crèche has been awarded damages of €20,000 in the Circuit Civil Court.
Josh Tilley’s hand had been caught in a door, Circuit Court President, Mr Justice Raymond Groarke heard in the Circuit Civil Court today.
Josh, of Braemor Road, Chruchtown, Dublin 14, had been attending Wee Care crèche, Donnybrook, Dublin, when he had been involved in an accident on October 24, 2014, the judge heard.
Siobhán Kelly, counsel for Josh, told the court that the child’s left hand had been trapped between a glass fire door and the door frame. She said the accident had occurred around the same time Josh’s father Niall Tilley had called to collect him.
Ms Kelly said Josh’s father had witnessed his son, who is now seven-years-old, crying and screaming for help. There had been a considerable delay before any of the staff reacted or tried to help release Josh’s hand.
Ms Kelly told Judge Groarke in a legal opinion:
“There appeared to be more concern about damaging the door than the boy’s fingers.”
The incident had caused extreme distress and suffering for Josh who had been trapped on the other side of the door from his father.
Counsel said staff had eventually proceeded to try and release Josh’s hand by greasing his fingers which, his father had noticed, had been extremely enlarged and white. He had known that if circulation to Josh’s fingers had stopped or if the hand had not been removed quickly there would have been potential for greater injury.
Ms Kelly said Mr Tilley, with help from the father of another child at the crèche, had been able to shift the door marginally to free Josh’s hand. The boy had been taken to St Vincent’s Hospital but had been inconsolable. He had been referred to Crumlin Children’s Hospital.
Ms Kelly said a medical report from August 17, 2017, had stated that Josh’s current condition was excellent, and she recommended acceptance of Wee Care Limited’s offer of €20,000 which was approved by the court.