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A 10-year-old girl who was claimed as a little girl got her finger stuck in a fire door while in kindergarten, settled her lawsuit in High Court for 20,000 euros.
Brooke Weldon was three years old when she sustained a crushing injury to the tip of her right ring finger and the Supreme Court heard that the girl has no recollection of the incident.
Judge Garrett Simons was told that the nursery disputed the accident account and CCTV footage appeared to support a different narrative in which the boy emerged from a bathroom with his finger injured.
Brooke Weldon, Seagrave Court, Finglas, through her mother Nikita Weldon sued Poppintree Early Education Center Ltd, Poppintree Community Center, Ballymun, Dublin as a result of the accident at the facility on January 13, 2014.
It was claimed that there was an alleged lack of adequate supervision of the child at all times and an alleged lack of guarantee that the door leading to the toilets would not close on the child’s fingers.
Furthermore, it was claimed that there was an alleged failure to ensure that the fire door did not close with the tip of his finger.
The claims were denied.
The Superior Court heard that the girl was taken to Children’s Hospital Temple Street, where it was noted that she had a crush injury to the tip of her right finger.
He had to undergo surgery to repair the tip and his finger required bandages for three to four weeks after the accident.
Now he uses his left hand to write and do everyday things. He has slight scars on his fingertip, the court heard.
Judge Garret Simons, in approving the settlement, said there were significant liability issues in the case. The total value of a case of this type would be € 40,000, but the fact that the child does not remember the accident and there was a dispute on the account together with the closed circuit television meant that there was a 50% discount, which raised the deal to € 20,000.
The judge said the settlement was a good and sensible outcome and wished the young woman the best of luck. Judge Simons also allowed the disbursement of 250 euros so that the little girl can celebrate the end of the case and what the judge said was a special trauma for her.
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