A young boy who was knocked off his scooter as he played near his home has settled his High Court action for €71,000.
Ensar Alihakaj was off school for five months after the accident in which a car collided with his scooter. The little boy was knocked unconscious and suffered fractures to his right lower leg.
The High Court heard the boy was very lucky and he made a remarkable recovery.
Ensar Alihakaj (aged 12), Deerhaven Walk, Clonee, Dublin, had through his father Bujar Alijhakaj sued Grainne O’Brien, The Way, Hunters Run, Clonee, Dublin, as a result of the accident on October 9, 2016.
It was claimed the boy who was eight years old at the time was on his scooter and playing with his school friends when suddenly and without warning the car collided with him knocking him off the scooter.
It was claimed the driver failed to keep any or any adequate lookout while on a residential roadway and allegedly failed to apply her brakes adequately or at all or in sufficient time to avoid the collision.
There was also, it was claimed, an alleged failure to take any or any adequate evasive action to avoid the collision.
The boy, it was further claimed, suffered severe pain and distress and his social and recreational life were severely disrupted.
The claims were denied.
The court head the boy was transferred to hospital where he had to have surgery on his right leg. He remained in hospital for four days after the accident and had to wear a cast for six weeks and later had to use crutches for a time to walk.
He also missed about five months of school after the accident.
A report from an orthopaedic consultant said the boy’s injuries were significant but he has made an excellent recovery with no long-term implications.
Approving the settlement this week which includes €11,000 special damages, Mr Justice Garrett Simons noted the medical report which said the boy had made an excellent recovery and is now back playing sports.
The judge said was it was a good settlement.