Boy who fell into cellar settles case for €125,000

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A young boy who slipped and fell back into a cellar while attending a local festival has settled his High Court action for €125,000.

Dylan Stokes was 11 years old when he fell three metres down into the cellar fracturing his skull.

The High Court heard he was playing near a walled circular stone area when the accident happened in Carrick on Shannon, Co Leitrim six years ago.

The boy who fell down over three metres to the ground struck his head, fracturing his skull. He was taken to Sligo General Hospital and was complaining of dizziness and headaches on admission. The court heard the child later had ongoing headaches and was transferred to a children’s hospital, in Dublin.

Dylan also had blurred vision, the court heard, but this later cleared up and a CT scan showed a small fracture to the skull.

Mr Justice Garrett Simons was told that the family had since moved from the Carrick on Shannon area to Dublin. Dylan had played sport before his accident, but had not returned to it or to boxing, which he had previously enjoyed.

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Dylan Stokes (now aged 17), Lucan, Dublin had through his mother Eileen Stokes sued MRD Marketing Ltd, The Market Yard Centre, Carrick on Shannon, Co Leitrim over the accident on June 1st, 2014 near the entrance of The Court Yard, Market Yard.

He had claimed there was an alleged failure to have regard for his health and safety and he was allegedly exposed to a risk of damage or injury of which it knew or ought to have known.

It was further claimed that an unconventional or unusual construction detail was present in the area.

The claims were denied.

Approving the settlement Mr Justice Garret Simons said Dylan suffered a substantial injury after a very serious fall. Dylan had nightmares after the accident where he was falling and has a fear of heights, the judge noted.

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