A eight-year-old boy who injured his finger as a toddler when he was using a bowling ball has settled his personal injury compensation action for €30,000 at the High Court.
The young boy, Kaylum Devitt now has a 2cm scar on his right hand index finger. The personal injury compensation claim was settled with a full denial of liability, the High Court was told.
Taking the legal action though Natalie Devitt, mother of Kaylum, of Buirg an Ri, Balgaddy, Lucan, Co Dublin, sued XL Bowl Limited operating as Superdome, Kennelsfort Road, Palmerstown, Dublin, due to the bowling alley accident that happened on March 18 2012.
it was alleged in the High Court that the young boy’s right index finger was l by a cut by bowling ball and he suffered a fracture to the finger which required a surgery.
There was a further allegation that was a failure to put in place the proper measure to ensure the safety of the child. It was claimed that the bowling ball was permitted to remain a danger or hazard at the bowling alley. Legal representatives for Mr Devitt also alleged that appropriate children’s equipment was not provided in order for the bowling alley to be made safe for young children.
XL Bowl refuted the allegations were and said it would be stated in a court action that the toddler was not being adequately supervised when the accident occurred.
Philip Sheahan SC, acting on behalf of Kaylum Devitt, told the High Court the toddler was in the bowling alley with his family and that there may be two different accounts of what took place on the day and a claim that people were looking elsewhere at the time that the accident took place.
Mr Justice Anthony Barr, who reviewed the scar, said the personal injury settlement was for an adequate sum given the extent of the injuries suffered by the toddler.