Boy who injured lip after the front wheel of his bike allegedly hit foot deep pot hole settles action for €65,000

A boy who injured his lip when he fell off his bike after the front wheel allegedly hit a pot hole has settled his High Court action for €65,000.

Malcolm Akpaka was only eight years old and cycling in a Dublin housing estate when it is claimed his front wheel hit the pothole which was one foot deep.

Mr Justice Garret Simons was told the boy who had been cycling at Cruise Park Close in Tyrrelstown fell off his bicycle and suffered a deep laceration to his upper lip.

He was taken to hospital and had to have stitches to the lip and has now been left with a scar.

Malcolm Akpaka (now 16) Cruise Park Drive, Tyrrelstown,Dublin had sued Fisher Property Management Ltd, Main Street, Ongar,Dublin and Tyrrelstown No 8 Management Company Ltd care of Fisher Property Management, which were responsible for maintenance of the estate common area and Earthwood Ltd, The Plaza, Tyrrelstown, Dublin which constructed the roads in the estate over the accident on July 14, 2011.

It was claimed the boy was cycling his bicycle at Cruise Park housing estate when the front wheel allegedly hit a pothole.

The accident was on a road way with a cobblelock footway and the pothole it was claimed was between the cobblelock and the tarmacadam.

The claims were denied by all three defendants and the court heard that liability was at issue between the defendants.

Mr Justice Simons said he was satisfied to make an order ruling the settlement. The settlement is without an admission of liability.