A boy severely burned when an aerosol can exploded in a burning bag of rubbish will get more than £25,000 damages following a High Court action in Cork yesterday. Cork Corporation failed in its appeal against the Circuit Court award received by Gary McGrainor (13), who was living in Comeragh Park, The Glen, at the time of the accident in November 1990.
Gary was walking through a pedestrian underpass when the can exploded spraying liquid fire on top of him. The corporation produced photographic evidence to show the tunnel, a known dumping spot, had been cleaned up a few hours earlier. But Mr Justice Quirke said that while the corporation could not be held responsible for the actions of third parties who had set the rubbish alight it had allowed this dangerous practice to occur and continue. "I am satisfied that by failing to take steps to eliminate the problem they were in breach of their duty in this instance to the plaintiff," said Judge Quirke.