A now seven-year-old boy who was hit by a car while running across the road to an ice-cream van has been awarded more than €48,000.
Dylan Warren, of The Lawn, Belgard Heights, Tallaght, Dublin, broke the tibia and fibula bones in his lower left leg in the incident and suffered soft tissue injuries to his forehead and body. He was six at the time.
Barrister John Nolan, for Dylan, told Judge Mary O’Malley Costello in the Circuit Civil Court that because of his age Dylan could not be guilty of contributory negligence in terms of liability for the accident.
“But there were no witnesses to the accident and for that reason I am recommending the court’s acceptance of a €48,000 Injuries Board assessment and offer on behalf of the defendant,” he said.
Mr Nolan said Dylan, through his mother, Eva Warren, had sued motorist Stephanie Lieghio’s insurers for negligence.
He told Judge O’Malley Costello that although there had been no witnesses to the accident he was confident the boy would win his case on a number of grounds.
These included that his mother had “heard a screech of brakes,” that the driver appeared to have admitted she “just did not see him” and that there were skid marks on the roadway which had speed restraint bumps.
“Cumulatively these factors should be sufficient to see home Dylan’s case but it has to be said there is a small risk,” Mr Nolan said.
Mr Nolan told the court Dylan had just left his house with money to buy ice-cream from the van across the road and although his mother had followed him she had not seen the collision.
He was taken to Our Lady’s Children’s Hospital in Crumlin where he had underwent manipulation under anaesthesia and had a cast on his leg for about six weeks. Dylan later had physiotherapy but has made a good recovery.
Judge O’Malley Costello approved the Injuries Board assessment of €45,000 damages for personal injury and just over €3,300 special damages and expenses.