A boy who has settled a High Court action for €17,500 will end up with €8,000 after the costs of bringing his personal injuries case to court are paid.
Rayed Khan (now aged 11) fractured a finger when a gully grate fell on his hand. Through his mother, he sued South Dublin County Council, which settled without making any admission of liability.
His senior counsel, Maura McNally, told the High Court that the €17,500 settlement in the case was “all in”, meaning the costs of mounting the action will come out of it.
Counsel said the total costs in the case came to more than €9,400 and the boy will be left with €8,007, which could be paid into court until he reaches 18 years of age.
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Counsel said Rayed, who was five years old at the time of the 2018 incident, had been playing with a colouring marker along with his sister and a friend when the marker fell in the gully. The gully grate on a road outside the boy’s home was lifted to retrieve the pen, but it fell on the boy’s hand crushing it and fracturing a finger.
Counsel said there was a difficulty with liability in the case as the key claim was that the gully gate was not locked . However, counsel said it emerged that the code of practice for drainage works in the greater Dublin area specified that lockable gully grates are not to be used and locking mechanisms on gullies have proven troublesome, particularly if there is flooding.
Rayed, of Liffey Valley, Lucan, Dublin had through this mother, Aziza El Jarrari, sued South Dublin County Council as a result of the incident on March 25th, 2018, when the boy was five years old.
It was claimed there was a failure to lock the gully and a failure to take any or any reasonable precautions to ensure the safety of person and in particular minors using the road.
It was further contended that the gully had been permitted to remain in a dangerous and unsafe state.
All the claims were denied, and the court heard of the code of practice for drainage works in Dublin meant that gullies are not locked.
Mr Justice Mícheál P O’Higgins was told the boy was treated in hospital for a transverse displaced fracture.
He had to have open reduction surgery and wires were inserted to straighten his finger. He was in hospital for three days and required painkillers and antibiotics.
Two weeks later he had the sutures and wires removed and he had to have physiotherapy.
Approving the settlement, Mr Justice O’Higgins said the boy had recovered remarkably well. He said the case was all about the liability. The judge was satisfied they could not get past the liability issues and there was a risk the case would be dismissed if it went to trial.
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