Boy who fractured skull falling at Malahide Castle playground settles action for €270,000

© The Independent

Peter O’Doherty (now 15) lost the hearing in his right ear after the accident, when he was seven, and the visiting Malahide Castle playground with his family.

He was on a climbing frame on March 24, 2008, when he fell and landed on his skull, the court heard.

Through his father Ronan O’Doherty, The Park, Luttrell Hall, Dunboyne, Co Meath he sued the owners of Malahide Castle, Fingal County Council.

 It was claimed he landed on what was, at the time, a hard surface made up of concrete and pebbles.

 There was a failure to provide an impact absorbing surface such as woodchip or spongy material at the time, it was claimed.

 The claims were denied.

 David Nolan SC, for the family, told the court that the boy had fallen on the right side of his head and lost consciousness.

 He spent five days in hospital and had problems with his balance.

 On audiological testing, he was found to have a profound hearing loss on the right hand side.

 Counsel said as a result of the fracture, the boy was deaf in his right ear but there was no cognitive deficit.

 Peter is now studying well for his Junior Cert, he said.

 As a result of his deafness, he will not be able to consider a career in the Army, Gardai or  become a pilot, counsel said.

 He said the family was satisfied with the offer.

 Mr Justice Kevin Cross approved the settlement.

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