A boy who is deaf in one ear after fracturing his skull when he fell off a climbing frame at the playground at Malahide Castle has settled his legal action for €270,000.
Peter O’Doherty, now aged 15 and a Junior cert student, was aged seven when the accident occurred on March 24th 2008.
During a visit to Malahide with his family, he was climbing on a climbing frame when he fell, landing on his head and fractured his skull.
Through his father Ronan O'Doherty, The Park, Luttrell Hall, Dunboyne, Co Meath, the boy sued Fingal County Council as a result of the accident.
It was claimed he landed on his head on what was then a hard surface made up of concrete and pebbles and the Council had failed to provide an impact absorbing surface such as woodchip or spongy material at the time.
The Council had denied liability.
David Nolan SC, for the boy, said he fell on the right side of his head and fractured his skull. He lost consciousness and was brought to hospital where he spent five days.
He had problems with his balance and, after audiological testing, was found to have a profound hearing loss on the right hand side. He was now deaf in his right ear but had no cognitive deficit.
Counsel said Peter is studying well in school for his Junior Cert but, as a result of his deafness in the right ear, will not be able to consider a career in the Army, Garda or become a pilot.
The family was satisfied with the settlement offer, counsel added.
Approving the settlement, Mr Justice Kevin Cross said he was delighted the fall had not impacted more on Peter and wished him well for the future.
