Young girl knocked down by mountain bike settles for €90k

The girl ended up with a fractured leg

The court heard that the little girl ran out of her house on to the footpath, but the mountain bike struck her. File picture

A young girl who was knocked down by a mountain bike on the footpath outside her home and ended up with a fractured leg has settled a High Court action for €90,000.

Olivia Kelly was nine years old when the accident happened outside her Dublin home seven years ago.

Her counsel David Kennedy SC told the court that the little girl ran out of her house on to the footpath, but the mountain bike struck her. He said the cyclist was 17 years of age at the time. 

Counsel said there had been a successful outcome to the case after it emerged that the bicycle was covered by a household insurance policy. Mr Kennedy said the girl suffered a displaced fracture of the leg and afterwards she had to spend some time in a wheelchair and also had to wear a cast. However, he said she now plays sports without difficulty.

Olivia Kelly, who is now aged 15, of Knocklyon Road, Tempelogue, Dublin, had through her father Mark Kelly sued cyclist Matthew Johansson of Woodstown Rise, Knocklyon, Dublin, over the accident on August 28, 2017. Liability was admitted in the case which was before the court for assessment of damages only.

In the proceedings it was claimed the cyclist had been cycling on the footpath and at such a speed as was unsafe in all the circumstances.

It was further claimed there was a failure by the cyclist to take any or any adequate steps to ensure he did not collide with the young girl and he had been cycling without any adequate care to ensure that the way was clear.

It was further claimed there was a failure by the cyclist to have any or any adequate regard for the safety of pedestrians and there was a failure to keep any adequate lookout or to provide any adequate warnings to the young girl.

After the accident the girl, who was in extreme pain, was taken to hospital where X-rays showed a fracture of her left leg. She was in hospital for three days and underwent manipulation of the fracture. She had to wear a cast for eight weeks and at one stage had to use a wheelchair.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable.