Boy who suffered fractured arm as baby settles High Court action for €22,500

A boy who, as a baby, suffered a fractured arm when it got caught between a shopping trolley and a lift door has settled his High Court action for €22,500.

Tadgh O’Brien was aged five months when the incident happened as he sat in a baby seat in a Dunnes Stores shopping trolley as his mother shopped at the branch at the Jetland Shopping Centre, Limerick.

It was claimed the trolley suddenly veered to the left and the baby’s left arm was caught between the trolley and a lift door.

Now aged seven, the boy, of Sheelin Road, Caherdavin, Co Limerick, sued, through his mother Maeve O’Brien, Dunnes Stores with registered offices at South Great George’s Street Dublin, as a result of the accident on November 14th, 2013.

It was claimed a defective trolley was allowed to be present and in use on the premises and there was failure to maintain the trolley.

It was claimed a child seat on the trolley allegedly allowed the baby’s arms or hands to be exposed to the possibility of a crush injury when moving the trolley.

It was further claimed there was failure to have an adequate inspection system in place, an emergency had been created from which the baby could not escape and there was failure to anticipate the accident.

The claims were denied.

Baby Tadgh suffered a fracture injury to his left upper arm. He was brought to hospital and given painkiller medication and his arm was put in a cast which he had to wear for six weeks. It was claimed he never crawled and was reluctant to try.

In an affidavit, the child’s mother said, immediately after the incident, the baby began to cry and was upset and distressed.

Sheila Finn BL, instructed by Houlihan Solicitors, said, during a remote hearing of the matter, the baby did not require surgery and made a very good recovery. His mother had complained about the incident on the day of the accident but proceedings were not commenced until five years later, counsel said.

Approving the settlement, Mr Justice Garrett Simons said the injury was a minor one and it was a very good settlement.