Judge rejects €7,117 offer for girl struck by car at ice cream van

white and purple enclose van

8 February 2024

A barrister representing the plaintiff told the court that she was crossing a road having got candy floss from an ice cream van when she was struck on the face by a wing mirror of a passing vehicle.

An offer of €7,117 for a young Donegal girl struck by a car as she bought candy floss has not been endorsed.

The offer was made following an assessment by the Personal Injuries Assessment Board (PIAB).

The matter was before Letterkenny District Court this week.

Judge Vincent Deane was told that the offer included €6,000 in respect of general damages, €335 of special damages and a further €782.

The plaintiff was seven years old at the time of the accident, which occurred just outside her own home.

A barrister representing the plaintiff told the court that she was crossing a road having got candy floss from an ice cream van when she was struck on the face by a wing mirror of a passing vehicle.

The girl was shocked and was taken by ambulance to the emergency department of Letterkenny University Hospital. The girl suffered a mild concussion and had bruises to her arm and leg.

The girl suffered repeated episodes of bed wetting in the aftermath and also endured night terrors. A medical assessment confirmed that she suffered soft tissue injuries to her cheek and thigh.

A doctor noted swelling on the girl’s cheek and said she developed nightmares.

While her symptoms settled, the court heard that the girl was still nervous when crossing the road and suffers from anxiety.

The barrister said that the offer was at the ‘lower end’ and it was his opinion that the offer was ‘insufficient’ and was not, having consulted with the girl’s mother, in a position to recommend the acceptance of the offer.

Judge Deane said he was not endorsing the offer of PIAB. 

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