A young boy who claims he fractured his arm when his zip got caught in a washing machine door has settled his High Court action against the manufacturer for €25,000.
Jamie Luke Moran was aged four and playing at home when his zip got caught and the door of the family’s washing machine opened while in operation, it was alleged.
The boy lost his balance and his right arm went inside the tub and he suffered a double fracture, his case claimed.
The boy’s counsel, Conor Halpin SC, instructed by Barra Newham solicitor, told the court it was “a bizarre case”.
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Jamie, he said, was taken to hospital where he had to have surgery but has since made a full recovery.
Electrolux Group Ireland Ltd denied the claims, and the settlement was made without an admission of liability. The figure represents about half what the plaintiff had valued his case at and reflects the difficulties he faced in relation to proving liability, said counsel.
The settlement includes a further €25,000 towards the boy’s legal costs, the court heard.
Jamie, now aged 14, of Cushla Grove, Monksland, Athlone, Co Roscommon, had sued Electrolux Group Ireland Ltd, with registered offices at Westland Park, Nangor Road, Dublin, over the incident in September 2013.
He claimed that as a result of his clothing catching in the washing machine door, he lost his balance and his arm became caught in the spinning motion of the machine.
It was further alleged his arm was severely twisted among the clothing and he was very shaken and upset. He was brought by ambulance to hospital where it was found he had a double fracture and a “floating elbow”. It required surgery and had to wear a cast for six weeks. He had a further procedure the following month but later made a full recovery.
It was claimed that a washing machine which was allegedly defective had been provided.
Electrolux denied the claims and said it did not provide a washing machine that was defective or unsafe or constituted a hazard as alleged.
It also contended that any injury caused was not attributable to any wrong on the part of Electrolux, but arose by reason of the actions of a person unknown subsequent to the sale of the product.
Counsel told the court that engineers who examined the machine after the alleged incident found the door in the locked position. He said they could not recreate the scenario and the machine was found to be in working order.
The washing machine was then sent for assessment in the UK. The Morans’ machine was manufactured in early 2008. The inspection report identified a plastic latch plate in the washing machine locking system that had a stamp from 2009.
Electrolux contended there was no manufacturing defect. Counsel said the machine was still in warranty and the matter was “a complete puzzle”.
Approving the settlement, Ms Justice Carmel Stewart said the offer was reasonable considering the difficulties in the case and she wished the boy well.