Boy who claimed he broke his arm on astro turf pitch settles action for €37,000

High Court reporters

A boy who allegedly tripped and fell on an astro turf pitch and broke his arm has settled a High Court action for €37,000.

Callum Whelan was 7 years old when the accident happened on an astro turf pitch owned by Dublin City Council.

His counsel, Michael Byrne SC, told the court it was their case that the boy was playing football when he tripped and fell on an alleged hole on the astro turf surface.

Mr Byrne said liability was fully contested in the case.

Callum Whelan, who is now 13, of Poppintree, Ballymun, Dublin, had, through his grandmother, Josephine McDonagh, sued Dublin City Council over the fall.

It was claimed that the boy on May 1st, 2019, was playing football at the astro turf playing pitch at Poppintree Astro, Ballymun, when he allegedly tripped and fell, breaking his arm.

In the proceedings, it was claimed that a hazard had been created by a failure to inspect or maintain the area, and there was an alleged failure to take any reasonable care to see the boy would be reasonably safe while on the playing area.

There was also an alleged failure to cordon off the area and to have any adequate warning signs.

It was further claimed there was a failure to ensure the area was inspected or maintained on a consistent basis while permitting members of the public to be there.

All of the claims were denied. Dublin City Council contended it did not create the alleged nuisance of which the boy complained.

Mr Byrne told the court the boy had a grossly displaced fracture of his right upper arm, and he had to undergo surgery. He had a number of pins inserted into his arm, but Mr Byrne said the boy had now made a full recovery.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable.