Two children, who were sprayed with petrol and fumes at a faulty fuel pump when aged four years and 21 months , were awarded almost €75,000 damages against Tesco Ireland on Wednesday .
Barrister Hugh B. Byrne told the Circuit Civil Court that Harvey Ring, now aged 11, and his brother, Zachary, now aged eight, were with their mother at the Tesco Filling Station, Clarehall, Malahide Road, Dublin as she attempted to put petrol in the family car.
Mr Byrnesaid that on 27th March, 2012 Harvey had been splashed and sprayed with petrol from the faulty pump as he watched his mother, Samantha, pour the fuel.
The boys sued Tesco Ireland through their mother, Samantha Ring, of Ridgewood Avenue, Forest Road, Swords, Co Dublin. She told Circuit Court President, Mr Justice Raymond Groarke in a sworn statement, that her son Zachary, who had been asleep in the back of her car, had also been doused with petrol through an open window.
The court heard that in 2014 Harvey had been offered a settlement of €10,000 and Zachary a figure of €8,500 but Keans Solicitors, legal representatives for the Ring family, had successfully brought an application to the court seeking rejection of those offers.
Mr Byrne told Judge Groakre that Tesco Ireland had now offered Harvey a settlement of €48,775 and his brother, Zachary, €25,300 and he was asking the court to accept the proposed.settlements.
The court heard the Tesco service station concerned had been aware of a potential fault in the particular pump for some time but had not closed it off to the public.
In medical reports furnished to the court it was stated that both children had suffered shock and subsequent anxiety symptoms following the accident and had attended a number of therapy treatments.
Judge Groarke said he considered the settlements to be good ones and appropriate in the circumstances and approved both.