201701.27
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Judge Orders Full Hearing of Claim for a Broken Leg at Play School

Circuit Court President Mr Justice Raymond Groarke has said the proposed settlement of a girl´s claim for a broken leg at play school is inadequate.

In April 2015, the plaintiff was just three years of age when she climbed onto an open wardrobe at the Larkin Early Education Centre in Ballybough, Dublin, and fell – landing awkwardly. X-rays revealed that the young girl had fractured the tibia in her right leg, and she had to undergo a manipulation of her bones under anaesthesia.

She was discharged from hospital wearing a long leg cast, and had to wear a walking boot for several weeks afterwards. Despite the accident occurring almost two years ago, the girl continues to feel pain in her leg and, on her behalf, her mother made a claim for a broken leg at play school against the Larkin Early Education Centre.

The claim for a broken leg at play school was assessed by the Injuries Board and, once the assessment was completed, an offer of settlement was made by the school amounting to €31,000. The family´s solicitor advised the girl´s mother not to accept the offer and, as no improved offer was forthcoming, the case went to the Circuit Civil Court for evaluation

The hearing took place earlier this week before Circuit Court President Mr Justice Raymond Groarke. At the hearing, Judge Groarke was told the circumstances of the accident and how the settlement of the claim for a broken leg at play school had been determined. He agreed with the family´s solicitor that the offer of settlement was inadequate and ordered that it go to a full trial at the Circuit Civil Court.

According to the recently revised Book of Quantum, the range of compensation settlements for a moderate lower leg fracture in which the bones have been displaced is €40,500 to €70,400. Considering that injuries to the tibia are considered to be more serious than those to the fibula, and that the young girl continues to experience pain in her leg, the final settlement of her claim for broken leg at play school is likely to be at the higher end of the scale.