A Co Dublin child who hurt his finger while holding a bowling ball has secured €30,000 under a settlement of a High Court action.
Kaylum Devitt, now eight, was a toddler when the incident happened on March 18th, 2012 at the Superdome in Palmerstown. The court heard he was left with a raised 2cm scar on his right index finger as a consequence.
Through his mother, Natalie Devitt, of Buirg an Rí, Balgaddy, Lucan, Kaylum sued XL Bowl Limited, trading as Superdome, Kennelsfort Road, Palmerstown.
It was claimed the child’s right index finger was caused to be lacerated by a bowling ball and that he suffered a fracture to the finger, which required surgery.
It was also claimed there was failure to take any or any adequate precautions for the safety of the child and that the bowling ball was allowed to be, and to remain, a danger or hazard on the premises.
It was further claimed there was a failure to provide appropriate children’s equipment in circumstances where it was at all material times represented the bowling alley was safe for children.
The claims were denied and XL Bowl said it would be contended in court there was alleged failure to adequately or properly supervise the child at the time. The settlement was made on the basis of a full denial of liability, Mr Justice Anthony Barr was told.
Philip Sheahan SC, for Kaylum, said he was in the bowling alley with his family and siblings at the time. He said it appeared there may be two conflicting accounts of what happened and a claim that people were distracted elsewhere at the time.
He said the hospital note referred to the boy’s fingers in the holes of the ball and another account referred to the ball slipping when the boy’s fingers were in the two holes.
Mr Justice Barr, who examined the scar, said the settlement was a realistic sum and he approved it.