A High Court judge has approved a €7,500 settlement of a claim relating to a boy’s lip injury, allegedly caused when he tripped on a mat in a restaurant.
Mr Justice Charles Meenan approved the settlement for six-year-old Evan Davis on Monday after he reviewed the scar on the child’s lip.
Last week, the judge deferred a decision on whether to approve the €7,500 offer until he had seen the scar. Having done so on Monday, he said he was satisfied to approve the settlement.
The boy, through his mother Sinéad Davis, The Cubes , Beacon South Quarter, Sandyford, Dublin, sued Beacon Mart Ltd, operators of the Subway fast-food restaurant in Carrickmines Retail Park, Dublin, where the incident occurred on September 7th, 2017.
The defendant denied negligence.
Dismissed by Circuit Court
The case was dismissed last year by the Circuit Court. The boy’s lawyers appealed and said last week it had been agreed to settle the case on the basis of the €7,500 offer and payment of engineer’s expenses. Consequently, the High Court did not need to hear the appeal.
It was alleged that the boy, who was three at the time, was running after his sister who was through the door of the restaurant when his foot hit a ripple in the mat at the door.
He tripped and fell heavily striking his mouth/chin area on a sharp beading at the base of the partly open door. He suffered a 1cm laceration between his lower lip and chin and was later treated in hospital.