Boy who allegedly fell three time on broken kerbing settles action in High Court

Ann O'loughlin

A boy who allegedly fell three times in a five-week period on what was claimed was broken kerbing outside his local authority home has settled a High Court action for a total of €35,000.

John Mongan was almost 8 years of age when he first allegedly fell on the road outside his home in Tullamore, Co Offaly nine years ago on May 19th 2014. Twelve days later he allegedly fell in the same area and again three weeks later.

John who is now 16 years of age from Tullamore, Co Offaly had through his mother Liz Marie Mongan sued Offaly County Council as a result of the alleged falls outside his then local authority home at Cloncollig, Tullamore in 2014.

All the claims in the action were denied.

His Counsel Colette Egan BL told the court the boy has special needs. She said liability was at issue in the case and it was contended by the Council that there was an alleged lack of supervision of the boy. She said his mother denied this and claimed the boy was playing outside very close to his home.

In a grounding affidavit to the court, Ms Mongan said that on May 19th 2014 her son was playing outside their local authority home and allegedly tripped and fell over some broken kerbing on the road.

She said he suffered a buckle fracture of his wrist. He was brought to hospital A&E where a cast was applied which he had to wear for two weeks.

Twelve days later on May 31st 2014 Ms Mongan said her son was playing outside his home when he allegedly tripped and fell again on the kerbing. She said he suffered soft tissue injuries to his back and a further injury to his left wrist.

He was brought to hospital where a cast was reapplied to his wrist, and he got painkillers for his back injury.

Three weeks later on June 22nd 2014, it was claimed the boy was playing again outside his home when he allegedly tripped and fell on the kerbing and struck his head. It was claimed he lost consciousness for about three minutes.

Ms Mongan said he also suffered a fracture in the right wrist. The wrist fracture had to be manipulated under anaesthetic and a cast applied, and his head injury was treated with painkillers.

Ms Mongan said a medical report for two years after the alleged falls, reported that the boy had occasional pain in his right wrist when lifting heavy bags, but his fractures had fully healed.

Ms Mongan denied the Council claim of alleged lack of supervision, and she said she was nearby in the house and her son was playing outside in the summer very close to his home in a residential development.

She contended that the Council was responsible for the upkeep of the area where the accidents allegedly happened and was allegedly aware of the existence of the alleged damaged kerbing as Ms Mongan said she had previously complained about it. These matters remained very much in dispute in the case.

Approving the settlement Mr Justice Paul Coffey approved the settlement noting the liability issues and the matter raised in relation to alleged supervision.