Courts

Girl knocked down by cyclist on footpath settles action for €90,000

Olivia Kelly was nine years old when incident happened outside her Dublin home seven years

In the High Court proceedings, it was claimed the cyclist had been cycling on the footpath and at such a speed as was unsafe in all the circumstances. Photograph: Bryan O'Brien
In the High Court proceedings, it was claimed the cyclist had been cycling on the footpath and at such a speed as was unsafe in all the circumstances. Photograph: Bryan O'Brien
Thu Apr 11 2024 - 15:33

A young girl who was knocked down by teenager riding a mountain bike on the footpath outside her home and ended up with a fractured leg has settled a High Court action for €90,000.

Olivia Kelly was nine years old when the incident happened outside her Dublin home seven years ago.

Her senior counsel David Kennedy told the court she ran out of her house to the footpath and a mountain bike being ridden by a 17-year-old boy struck her.

Counsel said there had been a successful outcome to the case after it emerged the bicycle was covered by a household insurance policy.

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Counsel said the girl suffered a displaced fracture of the leg and afterwards she had to spend some time in a wheelchair and also had to wear a cast. However, he said she now plays sports without difficulty.

Olivia, who is now aged 15, of Knocklyon Road, Templeogue, Dublin, had through her father, Mark Kelly, sued cyclist Matthew Johansson, of Woodstown Rise, Knocklyon, Dublin, over the incident on August 28th, 2017.

Liability was admitted in the case which was before the court for assessment of damages only.

In the proceedings, it was claimed the cyclist had been cycling on the footpath and at such a speed as was unsafe in all the circumstances.

It was further claimed there was a failure by the cyclist to take any or any adequate steps to ensure he did not collide with the girl and he had been cycling without any adequate care to ensure that the way was clear.

It was further claimed there was a failure by the cyclist to have any or any adequate regard for the safety of pedestrians and there was a failure to keep any adequate lookout or to provide any adequate warnings to the girl.

After the incident the girl, who was in extreme pain, was taken to hospital where x-rays showed a fracture of her left leg. She was in hospital for three days and underwent manipulation of the fracture. She had to wear a cast for eight weeks and at one stage had to use a wheelchair.

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