Girl who was knocked down after buying an ice cream makes €47,500 settlement

A girl who was knocked down as she attempted to cross a road near her home after buying an ice cream has settled her High Court case for €47,500.

Shannon Whelan Loy, St Laurence’s Terrace, Howth, Co Dublin, suffered a fracture to her leg in the accident which happened in 2014 when she was aged ten.

Now aged 14, Shannon, through her mother Catherine Whelan, sued the driver of the car, Krystian Kowalski, with an address care of AIG Insurance company, North Wall IFSC, Dublin, as a result of the accident which occurred on September 30th 2014 at Birchdale, Kinsealy.

It was claimed the driver failed to have any, or any due, regard to pedestrian traffic which was likely to be at or on the road.

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It was alleged there was failure to observe the presence of the ice cream vendor’s van and to approach it with caution knowing there could be children in the immediate vicinity. Liability was admitted in the case.

After the accident, Shannon was transferred to hospital where it was found she had suffered a fracture to her leg. She had to have surgery and to wear a leg cast for eight weeks. Mr Justice Kevin Cross was told the girl missed over two months at school because of her injury.

The judge approved the settlement.