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A boy who suffered injuries after he fell off his scooter while playing near his home settled his lawsuit in High Court for 71,000 euros
Ensar Alijhakaj, then eight years old, was out of school for five months after the 2016 accident in which a car collided with his scooter. He was left unconscious and suffered fractures in his right leg.
The Superior Court was told that the boy was very lucky and that he made a remarkable recovery.
Ensar Alijhakaj, now 12, of Deerhaven Walk, Clonee, Dublin, through his father Bujar Alijhakaj, sued Grainne O’Brien, The Way, Hunters Run, Clonee, as a result of the accident on October 9, 2016.
The boy was claimed to be on his scooter and playing with his friends from school when, suddenly and without warning, the car collided with him and knocked him off the scooter.
It was claimed that the driver did not maintain any proper surveillance while on a residential road and did not apply the brakes properly or at all, or in sufficient time, to avoid the collision.
It was also alleged that he did not take any appropriate evasive action to avoid the collision.
The boy was said to be in severe pain and anguish and his social and recreational life was seriously disrupted.
The claims were denied.
The court heard that the boy was taken to hospital where he had surgery on his right leg. He remained in the hospital for four days after the accident, had to wear a cast for six weeks, and then had to use crutches for a time to walk.
A report from an orthopedic consultant said that his injuries were significant, but he made an excellent recovery with no long-term implications.
In approving the settlement this week, Judge Garrett Simons noted that the medical report said the boy had made an excellent recovery and is now back to playing sports. it was a good deal, he said.
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