€7,500 settlement approved for boy’s lip injury in Subway outlet

Judge said he was satisfied to approve the settlement after viewing scar

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2 March 2021

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A  €7,500 settlement has been approved by the High Court in relation to a boy’s lip injury which was allegedly caused by tripping on a mat in a Dublin branch of the foodservice chain Subway.

Mr Justice Charles Mennan had deferred a decision on whether to approve the offer the previous week, instead waiting to see the scar on the boy’s lip beforehand.

After viewing the scar, he said he was satisfied to approve the settlement for six-year-old Evan Davis.

The incident happened at the Subway fast-food restaurant in Carrickmines Retail Park, Dublin, on 7 September, 2017.

The boy’s mother brought a case against Beacon Mart Ltd, operators of the Subway outlet. However, the defendant denied negligence.

The case had been previously dismissed last year by the Circuit Court. The boy’s lawyers appealed and said they agreed to settle the case on the basis of the €7,500 offer and payment of engineer’s expenses. As a result, the High Court did not need to hear the appeal.

The Irish Times reports that it was alleged that the boy, aged three at the time, was running after his sister in the restaurant when his foot hit a ripple in the mat at the door.

The boy tripped and fell, and reportedly struck his mouth/chin on a sharp beading at the base of the partly open door. He suffered a 1cm laceration between his lower lip and chin and was afterwards treated in hospital.

 

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