A six-year-old girl who fractured her elbow after she slipped on loose gravel outside her home in Dublin has been awarded damages of €43,000 in the Circuit Civil Court.
Judge John O'Connor heard that Kayla Whelan, of Bluebell, Dublin 12, had been crossing Bluebell Road when she slipped on loose gravel and banged her left elbow against a wall on 4 August 2016.
Barrister Fran Rooney, counsel for Kayla, who sued Dublin City Council and Irish Water through her mother Ciara Whelan, told the court that following the incident Kayla had been taken to Children's Health Ireland (formerly Our Lady's Children's Hospital) in Crumlin.
He said Kayla had been placed in a temporary back slab to immobilise her injury and had been referred to the x-ray department for imaging of her elbow.
He said Kayla was diagnosed with a fracture to her elbow and returned the following morning to repair the fracture with a k-wire fixation and wore a cast for six weeks.
Mr Rooney told the judge that following the removal of her cast Kayla had received a number of physiotherapy treatments and had been allowed to mobilise her elbow. He said Kayla's injury has since made a full recovery.
Mr Rooney recommended a settlement offer of €43,000 from Dublin City Council and Irish Water which Judge O'Connor approved.