Girl who lost two toes in lawnmower accident settles High Court action for €415,000
Rachel McElhinney was three years of age when the accident happened as she was visiting a house in her area in Falcarragh, Co Donegal, in May 2013.
It was claimed her left foot was four shoe sizes smaller than her right foot due to the accident.
Richard Lyons SC, for Rachel, said her left foot was run over by a lawnmower, causing her a 'devastating' injury. She lost her big toe and another toe. She spent six weeks in hospital.
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He said it was contended by the other side that the child came out of nowhere.
Rachel, who is now 16, 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 the lawnmower and rotator blade being operated by Mr Gallagher came into contact with the child's left foot.
It was further claimed there was a failure to operate the lawnmower with due care and attention for others' safety and a failure to give adequate warning of the lawnmower's approach.
It was contended there was a failure to stop, swerve or otherwise manage or control the lawnmower to avoid the accident.
All the claims were denied.
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable.
He conveyed his best wishes to the teenager and her family.
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