Boy who claimed he broke his arm on astro turf pitch settles action for €37,000
A boy who allegedly tripped and fell on an astro turf pitch and broke his arm has settled a High Court action for €37,000.
Callum Whelan was 7 years old when the accident happened on an astro turf pitch owned by Dublin City Council.
Advertisement
His counsel, Michael Byrne SC, told the court it was their case that the boy was playing football when he tripped and fell on an alleged hole on the astro turf surface.
Mr Byrne said liability was fully contested in the case.
Callum Whelan, who is now 13, of Poppintree, Ballymun, Dublin, had, through his grandmother, Josephine McDonagh, sued Dublin City Council over the fall.
It was claimed that the boy on May 1st, 2019, was playing football at the astro turf playing pitch at Poppintree Astro, Ballymun, when he allegedly tripped and fell, breaking his arm.
Advertisement
In the proceedings, it was claimed that a hazard had been created by a failure to inspect or maintain the area, and there was an alleged failure to take any reasonable care to see the boy would be reasonably safe while on the playing area.
There was also an alleged failure to cordon off the area and to have any adequate warning signs.
It was further claimed there was a failure to ensure the area was inspected or maintained on a consistent basis while permitting members of the public to be there.
All of the claims were denied. Dublin City Council contended it did not create the alleged nuisance of which the boy complained.
Mr Byrne told the court the boy had a grossly displaced fracture of his right upper arm, and he had to undergo surgery. He had a number of pins inserted into his arm, but Mr Byrne said the boy had now made a full recovery.
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sky News
2 hours ago
- Sky News
Ballymena protests: It is hard to see where the violence will end - and it could go on for weeks
The ugly, violent side of this Northern Ireland town was on full display once again last night. Angry mobs went on a rampage through the streets of Ballymena for a second evening as riot police from across this country were drafted in to push back against an escalating ambush. Hours of blaring sirens were punctured by the relentless sound of bricks and petrol bombs landing on police vehicles. The main roads became a war zone with fires in the middle of the carriageway, cars ablaze and the crunch of broken glass at our feet as we walked the streets. Masked and hooded young men were blasted with the water cannon as tensions boiled over in a strained, fragile community. This has been rumbling for days and began when a vigil, held for a girl who was the victim of an alleged sex attack was, according to police, hijacked by anti-immigration mobs. Authorities say "racist thugs" used the incident to plot their attacks on foreign people living locally. One family with three children were said to have hidden in their attic on Monday night as yobs ransacked their home. Another man told me how he had to drag his 84-year-old mum from her home of 40 years "kicking and screaming" as it was simply not safe anymore. "I've never seen anything like this," he said. On Tuesday, many displayed posters on their windows in a desperate bid to ensure their house did not become a target. Others draped union jack flags on full display. "British residents," one piece of paper stated. There is a feeling among the crowds here in Ballymena that the police branding them racists has escalated this row further. In a horrifying twist, we got word in the middle of the night that another house had been firebombed. When we arrived at the scene, it was a charred shell. The property was completely gutted. Neighbours described how several hundred "protesters" had gathered outside before hounding the foreign occupants out. One woman was pacing up and down, crying in distress at what happened. Another man, who lived a few doors, down hinted that this community had "had enough" of "people moving in". He lambasted the media and refused to engage any further. As I drove out of Ballymena at 1.30am I witnessed other families dragging suitcases full of their belongings through the streets. They were flanked by riot police, armed with shields, who helped them to safety in a late-night escape. 1:40 It is hard to see where this ends. The talk here is that this unrest is only just beginning. It could go on for weeks - and already there are questions about the pressure that will pile on police who will be desperate to de-escalate this mess.
Daily Mail
8 hours ago
- Daily Mail
Missiles launched at police as 100s take to the streets of Northern Ireland for a second night after 'Romanian' teenagers appeared in court over alleged attempted rape - as cops make third arrest
Chaos has broken out for a second night in Northern Ireland as hundreds take to the streets to protest after two teenage boys appeared in court over alleged attempted rape. Trouble first erupted yesterday evening as a demonstration by around 2,500 people in the Harryville area of Ballymena spiralled out of control. The gathering was organised after a court appearance that day where two 14-year-olds were charged with attempted oral rape of a teenage girl in the town on June 7. Both defendants required a Romanian interpreter in court, with police branding last night's riots 'racist thuggery'. A third arrest was made in relation to the sexual assault last night as a 28-year-old man was taken in for questioning and then released. Disorder has exploded onto the streets again tonight, with reports of mobs throwing bottles, wood, rocks, metal bars, wheelie bins, and even a child's bike. A wall of riot police and armoured Land Rovers were seen trying to protect homes and forcing the crowd up the road. Police reportedly used a loudspeaker to make a repeat warning to 'disperse as force is about to be used against violent individuals'. Fireworks were allegedly fired at police lines, an action which received a large cheer from the crowd of protesters. Police dogs attended the scene tonight to assist officers and attempt to control the chaos. A water cannon has also been deployed by PSNI on the crowds in Ballymena. Litter and debris can be seen strewn across the roads and pavements while smashed glass covers the town's streets. A Romanian mother who lives in one of the houses attacked during the violence last night said she has been left too scared to stay in the area. The mother-of-three said her children were asking why their house was being attacked during disturbances in the town last night. Several properties were damaged on Clonavon Terrace, while a number of residents said today that they now intend to leave the area. The woman from Romania, who said she was too afraid to give her name, claimed she tried to flee her house after the front window was broken. 'The children were asking me why are we being attacked,' she said. 'I don't want to stay here now, the children are afraid and I am afraid.' A Romanian man said he had lived in the area for 15 years. He said: 'We don't even know why this happened to us. 'The riots started last night. We didn't expect it to come to our house. 'We tried to get out of the house and go to a safe place. 'I have lived here 15 years. Everything else has been nice, everything has been OK. 'I have so many friends in Ballymena, I have got so much support. 'Everyone was texting and asking us if we are OK, if we are safe, if they can do anything for us.' He added: 'I am lucky because the damage here is not too bad, but my sister has three kids, I have a little girl. 'We are going to live in a friend's house for a while and then try to move out of here.' He said: 'I like to believe I am a Ballymena man now, I have been living here half of my life. 'I understand if people want to protest but it did not have to be like this. 'We should not have to pay the price.'
The Sun
9 hours ago
- The Sun
Former West Ham star Dimitri Payet has contract ripped up leaving him unemployed after shocking abuse claims
DIMITRI PAYET had his contract ripped up to leave him unemployed. It comes just weeks after shocking abuse claims against the ex-West Ham man. 4 Payet, 38, joined Brazilian side Vasco da Gama on a two-year contract in August 2023. However, the club announced the decision to cut the deal short. They wrote on social media: "Vasco da Gama announces that, in a friendly manner, it has reached an agreement to terminate the contract with midfielder Dimitri Payet early. "The club thanks the athlete for the professionalism, dedication and respect demonstrated throughout his time at Sao Januario, and wishes him success in his next challenges. "For Vasco, Payet played 77 matches, scored eight goals and contributed 16 assists. "Thank you, Payet. This is Vasco." Payet hit headlines in April when his . The , SunSport revealed. Brazilian lawyer Ferrari, 28, also said the former French international Payet made her partake in a fake wedding and wear a ring to 'prove her love'. She claimed he made her drink her own urine and water from the toilet, and lick the floor - plus showed SunSport photos of her bruises. Premier League cult hero Dimitri Payet rolls back the years as he humiliates opponent with unique 360-nutmeg The mum-of-two said: 'He's a sick monster. I was scared for my life, and I'm still scared." Payet denied "physical and psychological violence" in a statement to the police in Brazil, adding that everything was consensual and proposed by his accuser. The playmaker has four children with his wife of nearly 20 years, Ludivine, who remained in France after he joined Vasco da Gama in Rio de Janeiro in 2023. Before that, he had six-and-a-half years with Marseille, joining the French side for £25million following an impressive 18 months with West Ham. 4 4
