24 Nov €45,000 damages awarded to schoolgirl who had foot crushed by gate
Judge Groarke of the Circuit Civil Court has awarded €45,000 damages to 14-year-old schoolgirl, Katelyn McCann. Katelyn, of St Anthony’s Crescent, Rialto, Dublin was injured after a car park roller gate fell on her left foot, and crushed it.
Barrister Kevin Lenahan, who appeared for Katelyn with Deborah Crowley, Partner at Ferrys Personal Injury Accident Solicitors, said that through her mother, Ms Alice Connell, she sued Dublin City Council who owns the car park.
Personal Injury Sustained
Katelyn sustained a significant crush injury to her foot in which five bones, including four metatarsal bones, were fractured.
After this, Katelyn was taken to Our Lady’s Children’s Hospital in Crumlin where a surgical boot and plaster of Paris were applied to her foot. She was able to weight bear with the use of crutches.
Prior to the accident, there was horseplay and a group of boys attempted to slide the gate closed in its rail and prevent Katelyn from leaving the car park; it then took a number of people to lift the gate from Katelyn’s foot.
Engineering evidence showed the gate was in a dangerous condition and the mechanism to block the over-travel of the gate was missing, allowing it to over-run and disengage from the guide rollers.
Change of Lifestyle
Katelyn had a keen interest in dance and sports to which she had been temporarily unable to return to while recovering from the accident, two years ago. Judge Groarke approved the €45,000 settlement offer by Dublin City Council.