School girl who injured elbow in scooter fall settles action for €55,000

Georgia Curtin was nearly twelve years of age when the accident happened as she played near her home in Darndale, Dublin.

Georgia Curtin (now 14), Buttercup Close, Dardale, Dublin had through her mother Deborah Curtin sued Dublin City Council over the fall at Buttercup Close on September 4, 2015.

It was claimed works had been carried out on the road in an allegedly unworkmanlike manner.

It was further claimed there was an alleged failure to seal and bond a reinstatement trench perimeter to adjacent macadam surfacing when they knew or ought to have known ravelling would occur and a depression would result. It was also alleged the Council should have known children would be likely to play on the roadway outside their homes.

The claims were denied.

Mr Justice Michael Moriarty was told that liability was not conceded in the case

Michael Byrne SC for Georgia said the little girl fell heavily and suffered a displaced fracture to her right elbow region and was in hospital for a couple of days and had to have an operation. He said the young girl had to give up dancing for a while after the accident. Georgia he said who has won medals for kick boxing has made an excellent recovery, but has been left with a 4.5cm scar on her arm.

Counsel said it was their case it was a bad pothole where the road had unravel led in the area.

Approving the settlement Mr Justice Moriarty said it was a just and proper one and he wished the young girl well for the future.