Boy settles action over alleged fall at DCC AstroTurf pitch for €37,000
A boy who allegedly tripped and fell on an AstroTurf pitch and broke his arm has settled a
High Court
action for €37,000.
Callum Whelan was seven years old when the incident happened at the
Dublin City Council
-owned AstroTurf pitch in Poppintree, Ballymun, on May 1st, 2019.
The boy's counsel Michael Byrne SC told the court it was their case that the boy was playing football when he tripped and fell on a hole on the AstroTurf surface.
Counsel said liability was fully contested in the case.
READ MORE
Callum (13), of Poppintree, Ballymun, had, through his grandmother Josephine McDonagh, sued Dublin City Council over the fall.
In the proceedings it was claimed that a hazard had been created by an alleged 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, it was contended, to cordon off the area and to have adequate warning signs.
It was further claimed there was an alleged 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 and 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 Counsel said he has now made a full recovery.
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable.
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