Posted: January 16th, 2020
Yesterday an eight-year-old schoolgirl from Loughlinstown, was awarded €40,000 cinema injury settlement at the Circuit Civil Court due to suffering a dislocated knee injury in a fall at a Dún Laoghaire cinema.
Barrister Siobhán Gaffney was representing the girl, Tori McDermott Ellis, along Murphys Solicitors in court and told informed the judge that she (Tori) had tripped and fell on an uneven floor surface in the EMC Cinema at the Bloomfield Shopping Centre, Dún Laoghaire. She (Gaffney) said that the incident where the injury occured happened on October 2, 2016.
Ms Gaffney told the Court that Tori, who is now 12 years old, had struck her left knee up against a cup holder that was attached to a cinema seat. After this collision the young girl found that she was unable to get up onto her feet afterwards.
Judge Frances Comerford was told that the Tori was taken by ambulance to Our Lady’s Children’s Hospital in Crumlin. When she arrived, an X-ray was completed and indicated that her left kneecap had been dislocated. A surgical team were able to put her kneecap back into the correct position during a procedure in which the girl was sedated.
Tori legs was placed in a cast for a number of week to aid recovery, She was unable to attend her school for some of this time. It was also necessary for her to undergo some physiotherapy treatment as part of her rehabilitation. Tori, through her mother Mellissa Ellis, who has an address at Parc Na Silla Lane, Loughlinstown, Co Dublin, took the personal injury compensation action against Irish Multiplex Cinemas Limited, Dún Laoghaire.
The Judge was informed that Tori has made a good recovery from the incident. The court was advised that the Injuries Board Book of Quantum estimates a value of such an injury as between €28,000 and €56,000. While liability had not been formally admitted in the case, the Judge was informed that the €40,000 personal injury compensation settlement had been agreed between all parties before Wednesday’s court application.
The judge have approval for the agreed the settlement along with legal costs associated.