Girl injured on Luas tram gets €72,000

Judge describes incident as ‘frightening and nasty’ as he approves settlement

It was claimed the Luas was caused to stop too quickly and there was alleged failure to exercise due care for tram users in general and the injured girl Hollie McDonnell in particular. Photograph: Cyril Byrne
It was claimed the Luas was caused to stop too quickly and there was alleged failure to exercise due care for tram users in general and the injured girl Hollie McDonnell in particular. Photograph: Cyril Byrne

A young girl who hurt her back when a Luas train stopped suddenly has settled her High Court action for €72,000.

Hollie McDonnell was aged eight when she suffered a fracture in the lumbar spine as a result of the incident in 2013.

Now aged 13, Hollie, of Carrigmore Crescent, Saggart, Co Dublin had, through her mother Sabrina McDonnell, sued Veolia Transdev Ireland Ltd, Sir John Rogerson’s Quay, Dublin, over the accident on the Red Luas line on January 5th, 2013.

Richard Kean SC, for the girl, said that the Luas driver did an emergency stop at the Fettercairn stop, suddenly and without warning, and Hollie fell backwards.

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An adult also fell on top of the child.

Mr Kean said Hollie was brought to hospital where an X-ray revealed a fracture in the lumbar spine. She was in hospital for two days, had to wear a back brace for six months and had physiotherapy afterwards.

Hollie remains anxious travelling on the Luas, he said.

In the action, it was claimed the Luas was caused to stop too quickly and there was alleged failure to exercise due care for tram users in general and Hollie in particular.

Mr Justice Kevin Cross was told on Thursday the case was before the court for assessment of damages only.

Approving the settlement, Mr Justice Cross said it was a good one. He noted Hollie had made a good recovery from a “frightening and nasty” incident and wished her and her family well for the future.