A boy who broke his left collar bone when his head got trapped in a moving electric gate, has been awarded €19,000 damages in the Circuit Civil Court.
Barrister Fran Rooney said that in May 2010, Joel Gannon was in the courtyard at his home in Homestead Court, Quarry Road, Cabra, Dublin, when his head got caught in the gate as it was closing. He was two-and-a-half at the time.
Mr Rooney told Circuit Court President Mr Justice Raymond Groarke that Joel’s head and shoulders were dragged along the ground as the gate closed before his father had rushed to help him and managed to free him.
The court heard Joel was taken to the emergency department of Temple Street children’s hospital. He had suffered bruising and abrasions to the left side of his face and to his shoulders.
X-rays revealed he had fractured his clavicle in the incident. Through his mother, Lyndsay Gannon, Joel sued Tuath Housing Association Ltd, with a registered address at Merrion Square North, Dublin, and Dublin City Council.
Mr Rooney, who appeared with B&P Byrne Solicitors, said an engineer’s report prepared for the court proceedings stated that the gate should have been covered with a metallic net.
Counsel said liability had not been conceded and was an issue between the defendants. He said a €19,000 settlement offer had been made and he was recommending its acceptance to the court.
Judge Groarke, approving the offer, told Joel he was lucky his father was near him at the time.
The court heard Joel, who was celebrating his ninth birthday on Wednesday, made a full recovery following the incident.