Ann O'Loughlin
A seven-year-old boy who, when he was a baby ended up with a fractured arm when it got caught between a shopping trolley and a lift door has settled his High Court action for €22,500.
Tadgh O’Brien was only five months old when the incident happened as he sat in a baby seat in a Dunnes Stores shopping trolley as his mother shopped at the Dunnes Stores branch at the Jetland Shopping Centre, Limerick.
It was claimed the trolley allegedly suddenly veered to the left and the baby’s left arm was caught between the trolley and a lift door.
Tadgh O’Brien Sheelin Road, Caherdavin, Co Limerick had through his mother Maeve O’Brien sued Dunnes Stores with registered offices at South Great George’s Street Dublin as a result of the accident at the Dunnes Stores branch at the Jetland Shopping Centre, Caherdavin, Limerick on November 14th, 2013.
Alleged defective trolley
It was claimed an alleged defective trolley was allowed to be present and in use on the premises and there was an alleged failure to maintain the trolley.
It was further claimed a child seat had been on the trolley which allegedly allowed the baby’s arms or hands to be exposed to the possibility of a crush injury when moving the trolley.
It was also claimed there was an alleged failure to have an adequate inspection system in place and an emergency had been created from which the baby could not escape.
There was it was further claimed an alleged failure to anticipate the accident which in fact occurred.
The claims were denied.
Baby Tadgh suffered a fracture injury to his left upper arm and he was brought to hospital where he had to be given painkiller medication. His arm was put in a cast which he had to wear for six weeks.
It was claimed the baby never crawled and he was reluctant to try.
In an affidavit to the court, the boy’s mother said immediately after the incident the baby began to cry and was upset and distressed.
Shiela Finn BL instructed by Houlihan Solicitors told a remote hearing the baby did not require surgery and made a very good recovery.
Counsel said the baby’s mother had complained about the incident on the day of the accident but proceedings were not commenced until five years later.
Approving the settlement Mr Justice Garrett Simons said the injury was a minor one and it was a very good settlement.
