Girl injured after tripping on path swollen by tree roots settles case for €40,000

A girl who broke her wrists when she tripped on a street after the roots of a tree swelled a footpath has settled her personal injuries case for €40,000.

Circuit Court President Ms Justice Patricia Ryan heard in the Circuit Civil Court that Emmie Whelan was eight-year-old when she tripped at the junction of Summer Street and Marrowbone Lane in Dublin 8. She sued Dublin City Council through her mother, Leanne Whelan.

Barrister David Richardson told the court that Emmie was with older sister when the incident happened in August 2019. He said Emmie was rushed to a nearby accident and emergency unit and required surgery on her injuries.

Mr Richardson, who appeared with Ferrys Solicitors, said Emmie used her hands to try to protect herself when falling and ended up breaking her wrists.

He said Emmie, of School Street, Dublin 8, was unable to continue dance classes and could not play with her friends for weeks. She was unable to do a lot of things for herself but did not miss any school time, the court heard.

Counsel told Judge Ryan that the council had made a settlement offer of €40,000 compensation for pain and suffering to Emmie and he was recommending acceptance of it. The judge approved the offer, together with Circuit Court costs, and directed the full settlement be paid into court for Emmie’s benefit when she turns 18.