Claims Ireland

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Boy knocked down at level crossing settles case for €100,000

11-Jan-2019


A schoolboy who was knocked down as he walked across a level crossing at a retail park with his father has settled his High Court case for €100,000.

Dylan Duffy's counsel, Vincent Foley SC, told the High Court the car drove "straight through" the zebra crossing at Carrickmines Retail Park, Co Dublin.

The boy, who was seven years old at the time, was knocked unconscious, Counsel said.

 

Counsel said while the boy regained consciousness quickly, he remained confused for the next 24 hours, and that Dylan was taken to hospital but he did not suffer any brain injury and remained in hospital for a few days.

 

Counsel said the boy suffered a fracture to his collarbone and also a laceration to his cheek.

He now has a scar over three centimetres long at the side of his face. Counsel said he will have the scar for the rest of his life

Dylan Duffy, 9, Belarmine Place, Stepaside, Dublin had, through his mother Sarah Duffy, sued the driver of the car Grace Doyle, Wynberg Park, Blackrock, Co Dublin and the owner of the car Miriam Doyle with an address care of Aviva General Insurance, Knocknacarra, Co Galway as a result of the accident on December 5, 2016.

It was claimed that Dylan was walking across a marked pedestrian crossing with his father in the car park of the shopping area when he was hit from the right side by the vehicle.

It was claimed there was an alleged failure to keep a proper lookout and an alleged failure to give him right of way or to take any or any adequate evasive action.

The claims were denied.

Approving the settlement Mr Justice Kevin Cross said Dylan had a very nasty time and the offer was reasonable.