Boy who suffered crush injury from bollard settles High Court action for €40,000
High Court Reporters
A young boy who suffered a severe crush injury to his thumb when a pavement bollard in a sports campus fell on top of his hand has settled a High Court action for €40,000.
Sebastian Ganly was only four years of age at the time when the accident occurred at the GAA National Sports Campus, Abbottstown, Dublin, on March 16th 2019.
His counsel, Frank Crean SC, told the court that the little boy had been watching a match with his family and was on the way to the clubhouse afterwards when the accident happened.
Counsel said the boy was walking ahead of his father on a path when he touched the bollard, and it fell. Mr Crean said the boy was taken to hospital and had to have surgery on his left thumb, which had a fracture.
Counsel said the boy had a number of follow-up visits and is left with a small surgical scar but the boy will not be left with any lifelong problems.
Counsel said it was their case that the bollard was allegedly defective.
Sebastian Ganly who is now aged 11 from Malahide, Dublin, had through his mother Anne Rautkoski sued the GAA because the accident took place at the GAA National Sports Campus at Abbotstown Dublin along with the supplier of the bollard GH Pittman Ltd, with offices at Athy Business, Campus, Athy,Co Kildare; AGK Ltd which was responsible for the bollard installation and which has offices at Barrowside Business Park, Carlow town and Schake GMBH of Hagen, Germany which was responsible for the design and manufacture of the bollard.
Justice Coffey was told that the settlement and costs were against Schake GMBH, Germany only and the case could be struck out against the others.
The settlement is without an admission of liability.
In the proceedings, it was claimed against Schake GMBH that there was an alleged failure to take reasonable steps to ensure that the bollard was free from faults and defects and an alleged failure to ensure that the bollard would not topple causing the boy harm.
All of the claims were denied.
Approving the settlement, Justice Paul Coffey said the offer was fair and reasonable and he noted the litigation risk in the case.
