Settlement of Compensation for a broken clavicle approved in court

Jan 4, 2017

A €19,000 settlement of compensation for a broken clavicle has been approved by a judge at the Circuit Civil Court in favour of a nine-year-old boy.

Joel Gannon was just two-and-a-half years old in May 2010, when his head got caught between the railings of an electric gate as it was closing outside of his family´s Homestead Court home in Cabra, Dublin.

As the gate closed, Joel´s head and shoulders were dragged along the ground, and only his father´s quick actions to remove him saved the young boy from further injury.

Joel was taken to the emergency department of Temple Street children´s hospital, where an x-ray revealed a broken left clavicle. Joel was also treated for bruising and abrasions to the left side of his face.

Joel´s parents sought legal advice and subsequently claimed compensation for a broken clavicle against the housing association responsible for the Homestead Court complex on their son´s behalf.

In their claim against Tuath Housing Association, Joel´s parents alleged that a metallic net should have been placed across the railings of the electric gate to prevent accidents like Joel´s from happening.

Liability for Joel´s injuries was denied, but the housing association made an offer of settlement amounting to €19,000.

The family agreed to accept the offer on the advice of their solicitor.

However, as the claim for compensation for a broken clavicle had been made on behalf of a child, the settlement offer had to be approved by a judge to ensure it was in Joel´s best interests.

Consequently the details of Joel´s accident and injuries were related to Mr Justice Raymond Groarke at a special approval hearing of the Circuit Civil Court.

After hearing that Joel – who is now nine years of age – had made a full recovery from the accident, Judge Groarke approved the settlement of compensation for a broken clavicle. As is usual with settlements of compensation for legal minors, the settlement will be paid into court funds until Joel reaches the age of eighteen. Judge Groarke closed the hearing by commenting Joel was lucky his father was close at hand at the time of the incident.

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