A judge has said that a girl who was hurt when an electronic display board fell on her should get more compensation for personal injuries in a shop accident.
In July 2012, Shauna Kelly was browsing through the electronic books in the Lower O´Connell Street branch of Eason´s in Dublin, when an electronic display board fell from its mounting and hit Shauna on her head and arm.
Shauna was taken to the Crumlin Children´s Hospital with concussion, where she was also treated for soft tissue injuries to her back and neck. X-rays revealed that no bones had been broken, but a splint was placed around her right wrist to give it some extra support while a sprain healed.
On her daughter´s behalf, her mother – Kathy Maher from Ballyfermot in Dublin – made a claim for compensation for personal injuries in a shop accident, alleging that Eason´s and the company that had installed the electronic display board – David James Retail Solutions Ltd of Edenderry in County Offaly – had failed in their duty of care.
Negotiations started to resolve the claim for compensation for personal injuries in a shop accident, and an offer of settlement was made amounting to €13,500. As Shauna was only fourteen years of age at the time – and still a legal minor – the offer had to be approved by a judge before the claim could be resolved.
Consequently, at the Circuit Civil Court in Dublin, Court President Mr Justice Raymond Groarke heard the circumstances of Shauna´s accident and the injuries that she had suffered. The judge was told that Shauna suffered from severe headaches for six months after the accident and that, two and a half years later, she still experiences some stiffness in her back.
Shauna´s barrister told Judge Groarke that an offer of €13,500 compensation for personal injuries in a shop accident had been made, but he was not prepared to recommend approval as he did not believe it adequately represented Shauna´s injuries.
Judge Groarke agreed, and declined to approve the offer of settlement – saying a more appropriate settlement of compensation for personal injuries in a shop accident could be determined in a full hearing of the case. The judge adjourned the approval hearing for a date to be scheduled later this year.