The Injuries Board-assessed settlement of a claim for a cycling pothole injuries has been approved in the High Court in favour of a sixteen-year-old boy.
In July 2013, Dillon O´Reilly was giving his cousin a “backer” while cycling along the road between Killard and Blarney in County Cork, when the front wheel of his bicycle hit a pothole. Dillon – who had been riding on the pedals of his bicycle – was thrown onto the road surface and suffered a fractured wrist and injuries to his knee and shoulder.
Through his father, Dillon made a claim for cycling pothole injuries against Cork County Council. The Council consented to the Injuries Board request to assess Dillon´s injuries, before agreeing to the proposed settlement figure of €61,500. As the claim for cycling pothole injuries had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in Dillon´s best interests.
Consequently an approval hearing took place before Mr Justice Kevin Cross at the High Court, who heard that – in addition to his fractured wrist, knee and shoulder injuries – Dillon also suffered several lacerations that have now left permanent scars. The judge was also told that Dillon recognises that giving his cousin a ride on the back of his bike was a dangerous thing to do.
Judge Cross commented that Dylan had not done anything that any other child of his age would have done, but said it was inevitable that – if the case had been resolved in a full hearing – the settlement of the claim for cycling pothole injuries would have been reduced by 30 to 50 percent to account for his contributory negligence.
Mr Justice Kevin Cross said that in the circumstances it was prudent to accept the Injuries Board´s assessment and the judge approved the €61,500 settlement of the claim for cycling pothole injuries -advising Dillon that his scars would likely be susceptible to sunlight and he should keep out of the sun to prevent them deteriorating.