root of problem  | 

Dublin Council settle for €50,000 after child trips over tree roots swelling through pavement

Emmie Whelan broke both wrist in the fall two years ago

Dublin Circuit Criminal Court

By Ray Managh

Roots of a tree, swelling through a tarmacadam footpath and causing a trip hazard to a child, today cost Dublin City Council at least €50,000 in settling a damages claim.

Circuit Court President, Ms Justice Patricia Ryan, heard in the Circuit Civil Court that little Emmie Whelan broke both her wrists when she tripped over them at the junction of Summer Street and Marrowbone Lane in Dublin.

“The eight-year-old was with an older sister when the August 2019 accident happened two years ago,” barrister David Richardson told the court.

He said Emmie, who sued the local authority through her mother Leanne Whelan, had been rushed to a nearby accident and emergency unit and had been detained in hospital for surgical treatment.

Mr Richardson, who appeared with Ferrys Solicitors, Rialto, Dublin, said Emmie had thrown both her hands in front of her to try and save herself in the fall and had broken both her wrists.

He said Emmie, of School Street, Dublin 8, had been unable to continue with dancing classes and could not even play with her pals for weeks. She had been unable to do a lot of things for herself but had not missed any time out of school.

He told Judge Ryan that Dublin City Council had made a settlement offer of €40,000 compensation for pain and suffering to Emmie and he was recommending acceptance of it.

The judge approved the offer, together with Circuit Court costs, and directed the full settlement be paid into court for the Emmie’s benefit when she becomes 18.

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