Judge rejects €35k offer after boy, 3, breaks leg on grounds of Limerick school

Fintan Walsh

Reporter:

Fintan Walsh

Email:

fintan.walsh@limerickleader.ie

A boy, aged three, slipped at Monaleen national school

A boy, aged three, slipped at Monaleen national school

A JUDGE has rejected an offer of €35,000 to a four-year-old boy, who broke his femur after he and his father slipped on the grounds of a national school in Limerick city suburbs. 

Limerick Civil Circuit Court heard that the plaintiff and his father were collecting his older sister from Monaleen national school when the incident happened on February 2, 2017. He was aged three at the time. 

Kieran Falvey BL, instructed by Jonathan Cosgrove of Aidan T Stapleton solicitors, told Judge Sinead Ni Chulachain, presiding, that there was “some tarmac covered in moss” at the school.

“The father, he was holding his [son’s] hand, and they both slipped,” Mr Falvey said, adding that his father fell on his son, who then broke his femur.

The boy received treatment and had a spica cast fitted at Croom Orthopaedic Hospital. Mr Falvey said that the plaintiff’s femur required realignment, which required general anaesthetic. 

A report by an orthopaedic consultant showed there were no long-term issues.

Mr Falvey told Judge Ni Chulachain that, before proceedings last Friday morning, the plaintiff’s father informed him that his son “feels tired after long walks”.

The judge asked the boy to “come up to the front so I can talk to you”. The plaintiff then approached the judge with his father by his side.

“Do you remember falling?” she asked and the boy nodded.

“Does your leg get tired sometimes?” to which he nodded. 

“Does your other leg get tired?” she asked. The plaintiff shook his head. 

“Do you like running and playing outside in the yard?” she asked, and the boy nodded again. 

Judge Ni Chulachain rejected the offer of €35,000 and called for another medical report on the boy to be obtained.