A boy who fractured his elbow while on an outing with his creche has obtained €20,000 under a settlement of his High Court action.
Antoni Szczerbinski was 3½ years old when he fell in a play area on the day out.
John O’Donnell SC, for the boy, now aged 11, said the incident occurred on August 26th, 2009, during a day trip to a play facility and in an area suitable for children aged 6-12 years.
The boy fell on a mat fracturing his right elbow, counsel said.
The same type of mats were in the toddler play area and it was their case the supervision was not “par excellence”, counsel said.
The injury has not affected the boy’s growth, he added.
Through his mother Monica, the boy from Edenderry, Co Offaly, had sued Jigsaw Creche Ltd, with offices at Dunboyne, Co Meath, owners of The Jigsaw Creche, Carrighall Close, Edenderry.
It was claimed the child was brought on an outing to a leisure facility and, while there, was allegedly permitted to mix or play with children significantly older and bigger than him and this posed a risk and threat of injury to him.
It was further claimed there had been a failure to properly supervise him.
The claims were denied.
The court heard Antoni had to wear a cast for six weeks and had to have surgery where two pins were inserted in his elbow.
Approving the settlement, Mr Justice Kevin Cross said it was a good one.