Judge approves €33k settlement for boy, 3, who broke leg following slip at hotel

Schoolboy Mason Bodie Clarke, who is now aged six, broke his left femur when he slipped and fell on a wet surface in changing rooms attached to the gym at The Regency Hotel, Swords Road, Whitehall, Dublin.

The parents of a three-year-old boy, who broke his left thigh bone when “he did the splits” on a wet changing room floor of a gym, did not consider a €33,000 settlement offer enough compensation.

Barrister Grainne Larkin told Judge John O’Connor in the Circuit Civil Court today that they felt the full value of the case was closer to €50,000.

Ms Larkin told the court that the schoolboy, who is now aged six, broke his left femur when he slipped and fell on a wet surface in changing rooms attached to the gym at The Regency Hotel, Swords Road, Whitehall, Dublin.

She said the boy had been taken by ambulance to the accident and emergency department of Temple Street Children’s Hospital where he had been placed in a splint and hip spicu cast.

Ms Larkin said the hotel had made a settlement offer of €33,000 and she was asking the court to approve it on the basis of the importance of protecting the interests of the child.

Judge O’Connor heard The Regency Hotel had entered a full defence to the proceedings in which they had claimed to have a good system of cleaning and inspection in place. Ms Larkin feared that if the offer was refused and the matter went to a full trial before another judge Mason, who sued through his mother Zara Clarke, Tolka Road, Ballybough, Dublin, might not succeed.

She said Professor Damien McCormack, while noting a mild limb length discrepancy in the boy's left leg, had stated that he felt it was improving as the boy was growing older. Ms Larkin said that while his mother and father were unhappy with the offer she felt the offer was a good one and should not be put at risk.

Judge O’Connor told Ms Clarke, who appeared on behalf of her son, that on the question of liability there was a possibility another judge could award perhaps €40,000 but might also award much less or hold in favour of the defendant.

He approved the offer of €33,000 together with Circuit Court Costs.