A judge has awarded a schoolboy €21,000 for injuries suffered after his head became trapped between a metal pole and a wall in a Milano pizza restaurant in Dublin.
Ethan Clarke’s family were finishing their meal in Dún Laoghaire on June 3rd, 2018 when they saw that their son’s head was squeezed between a pole and a large glass window only an arm’s length from their table.
Ethan sued through his father, Ian Clarke, of Trimleston Avenue, Booterstown, Dublin, who told Judge Ronan Munro in the Circuit Civil Court he let Ethan stretch his legs while he and his wife finished their drinks. He said Ethan, who was four years old at the time, went out of view behind his wife for a few seconds and became stuck in that time.
Barrister Maeve Cox, appearing with Ryans solicitors, told Judge Munro during a full hearing of the boy’s case that Ethan turned purple and blue until he managed to push forward so that his head was on the other side and the metal rod was against his neck.
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A number of other diners came over to help him get out by applying Vaseline to Ethan’s skin and pulling on the pole to widen the gap. His father said Ethan remained trapped for 15 minutes until the restaurant manager removed the pole.
Counsel said the family waited after the incident to pay their bill and to sign an incident report for the restaurant. They were unable to visit their GP the next day due to it being a bank holiday, but made an appointment for that week.
Judge Munro was told Ethan suffered bruising to his ear and head, as well as permanent hair discolouration.
Forensic engineer Pat Culleton said the pole served no structural purpose to the building and was hard to notice. He told the court that the gap between the wall and pole was too wide and presented a risk of ensnarement for children.
Judge Munro commended the restaurant manager for his help in freeing Ethan, saying he did an “excellent job”. He said the pole was a “concealed trap” and that Ethan’s actions were exactly what any four-year-old child might have done.
He did not accept that Ethan was not appropriately supervised by his parents. He said the incident was upsetting for a child and caused obvious trauma.
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