A judge has approved a €30,000 settlement offer by Lidl to a nine-year-old boy who fell and injured himself in the middle aisle of the supermarket while evaluating the quality of a football prior to purchase.
Circuit Civil Court Judge Michael Walsh heard that Luke Kelly injured his face against a metal cage when he fell in the Lidl store at Whitestown Way, Tallaght on September 6th, 2021.
He tripped over the ball and fell sideways into the cage, suffering a severe laceration just above his left eye, barrister Paul O’Grady said. He told Judge Walsh that the metal on the cage was missing a plastic protective covering.
Mr O’Grady, who appeared with Gary Matthews Solicitors, said first aid was provided by staff in the store. He was then taken to Tallaght University Hospital’s emergency department, where he was told the hospital would have trouble accommodating him due to Covid-19 pandemic restrictions. He was told he should go to his GP instead.
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Luke sued through his father, Robert Kelly of Woodlawn Park Avenue, Tallaght, Dublin 24, who told the court his son became very conscious of the scar. He missed a number of days off school as a result of distress and needed to be pushed by his family to continue attending classes and football.
The court heard a scar above Luke’s eye was visible at a conversational distance, which led to him changing his hairstyle to hide it.
Mr O’Grady told Judge Walsh that Luke was seen by a number of medical professionals in the year following his injury.
Judge Walsh, approving the €30,000 settlement offer, said Luke had fortunately not suffered significant scarring.
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