Monday, November 01, 2021

A young boy from Mayo who broke his lower leg at a children’s party has settled his High Court action for €66,000.

Harry Mulvany was seven years of age when he clambered on a boundary wall in the garden where the party was taking place and he pulled a block on himself, the High Court heard.

Approving the settlement Mr Justice Garrett Simons said the boy was attending the party in a friend’s garden when he clambered on the wall and a loose block caused injury to him.

The judge said the scar on the boy’s leg was not in an obvious place and the judge said he was satisfied the €65,000 offered along with just over €1,000 in special damages could not be beaten if the case went to hearing.

Good outcome

Mr Justice Simons said it was a very good outcome in the case.

Harry Mulvany, (now aged 12) Balla Road, Claremorris, Co Mayo had through his mother Fiona Mulvany sued Kevin and Laura Greene, Sallins Pier, Sallins, Co Kildare as a result of the accident on July 14th, 2016.

It was claimed the boy was a visitor to the property for a children’s party when the top of a column of blocks which formed part of the boundary wall fell down on him.

It was claimed there was an alleged failure to design, construct or maintain a boundary wall in a good and proper manner and the boundary wall of the garden where the children’s party was taking place, it was alleged, was caused to be in a dangerous, defective and hazardous condition.

Boundary wall

It was further claimed there was an alleged failure to ensure the top blocks of the boundary wall were tied into the structure of the wall and there was an alleged failure to warn the child of the danger which existed for him.

The boy’s counsel Thomas Clarke BL instructed by Morrin and McConnell Solicitors, told the court liability was conceded in the case.

He said the child was seven years of age at the time and had pulled the block on himself. He said the boy suffered an undisplaced fracture to his right lower leg and a large laceration. He was taken by ambulance to hospital where the wound was cleaned under general anaesthetic, and he was given a splint.

He later had to use crutches and was restricted and could not participate in physical activities such as sports for a time.

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