Boy (7) awarded €35,000 damages against Smyths Toys

A seven-year-old boy, whose right leg was broken while he was bouncing on a trampoline at his home, has been awarded €35,000 damages against Smyths Toys.

Barrister Ivan Daly told the court that in July 2012, Kevin Stokes had been playing on the trampoline bought at Smyths Toys, Fonthill, Clondalkin, Dublin, when his leg went into a gap between the base and the frame.

He was taken to the emergency department of Our Lady’s Children’s Hospital in Crumlin, Dublin, where X-rays revealed a fracture to his tibia and fibula.

Mr Daly told Circuit Court President Mr Justice Raymond Groarke that Kevin's leg was placed in a cast.

The fractures were manipulated a few days later and his leg was placed to an above-the-knee cast. He was discharged home in a wheelchair.

Counsel said Kevin’s cast was removed a month later and further X-rays showed the fracture had fully healed. The boy, who was five at the time, needed to use a walking frame for several weeks.

Kevin, of Esker Drive, Lucan, Co Dublin, felt pain in his leg for several months after the accident and he had been unable to play with his friends, the court heard.

Through his mother Margaret Stokes, he sued Smyths Toys for negligence.

The court heard a3 forensic engineer examined the trampoline and was of the opinion that the method used for securing the safety pad was inadequate.

Mr Daly told Judge Groarke, at the Circuit Civil Court, who had previously refused a settlement offer of €25,000 made on behalf of the store, that an increased offer of €35,000 had been made.

The judge, hearing that Kevin had made a good recovery, approved the offer.