Child hurt when Luas stopped suddenly settles for €72,000

Hollie McDonnell was eight years of age when she suffered a fracture in the lumbar spine.

Hollie (now 13) from Carrigmore Crescent, Saggart, Co Dublin had through her mother Sabrina McDonnell sued Veolia Transdev Ireland Ltd with offices at Sir John Rogerson's Quay, Dublin as a result of the accident on the Red Luas line on January 5, 2013.

Hollie’s senior counsel Richard Kean SC told the court that suddenly and without warning the Luas driver did an emergency stop at the Fettercairn stop and Hollie was caused to fall backwards. An adult also fell on top of the child.

She claimed the Luas was caused to stop too quickly and there was an alleged failure to exercise due care for tram users in general and Hollie in particular.

Mr Justice Kevin Cross was told the case was before the court for assessment of damages only.

Counsel said Hollie was brought to hospital where an x-ray revealed a fracture in the lumbar spine. The young girl was in hospital for two days and had to wear a back brace for six months and had to have physiotherapy afterwards.

Counsel said the young girl remains anxious travelling on the Luas.

Approving the settlement, Mr Justice Cross said it was a good one and he noted that Hollie had made a good recovery from what was a frightening and nasty incident. He wished the young girl and her family well for the future.