Girl who lost toes after lawnmower ran over her foot settles action for €415k
Rachel McElhinney was only three years of age when the accident happened while she was visiting a house in her area.
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It was claimed that as a result of the accident, the young girl's left foot was four shoe sizes smaller than her right foot.
Her counsel, Richard Lyons SC, told the court the little girl suffered a devastating injury.
He said her left foot had been run over by a lawnmower, and she lost her big toe and another toe. She was given morphine at a local health centre and transferred to a Dublin hospital, where she spent six weeks.
Counsel said she had to have four surgeries under general anaesthetic, and it was very traumatic for her.
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He said in relation to the 2013 accident, it was contended by the other side that the child came out of nowhere.
Rachel McElhinney, now aged 16 years of Dunmore, Falcarragh, Co Donegal, had, through her father Sean McElhinney, sued householders Mary and John Gallagher of Saint Anne's, Drumfin, Falcarragh, Co Donegal over the accident on May 7th, 2013.
It was claimed that the lawnmower and rotator blade being operated by Mr Gallagher came into contact with the child's left foot.
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It was further claimed there was an alleged failure to operate the lawnmower with due care and attention for the safety of persons, including the child and an alleged failure to give any or any adequate warning of the approach of the lawnmower.
It was further contended there was an alleged failure to stop, swerve or otherwise manage or control the lawnmower so as to avoid the accident.
All of the claims were denied.
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable, and he conveyed his best wishes to the teenager and her family.
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