A three-year-old child was allegedly grabbed by his face and shaken about by a male member of staff in his Dublin creche, a court has been told.
When Judge John Martin saw photographs of bruises and nail scratches to Oliver Neira’s face and neck he agreed with the boy’s barrister, Esther Earley, that a €25,900 compensation offer was not good enough.
The judge had been told in the Circuit Civil Court that an adult male carer, whom the boy had identified as “Pablo,” at the Malahide Road Links Childcare creche had forcibly grabbed the child’s face and neck and had shaken him from side to side while in a toilet.
The boy’s mother, Selma Neira, of Blackrock, Dublin, had outlined in written evidence a claim of assault, battery and trespass on her son by the creche almost exactly a year ago, the court heard.
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Earley told Martin the circumstances of the boy’s €60,000 personal injuries claim were very disturbing in that it appeared the boy, while using the bathroom, had his face forcefully grabbed by an adult male member of staff and shaken from side to side.
“What is even more disturbing is the fact that there was a concerted effort on the part of the owners and management of the creche to deny knowledge of how he had come to be injured,” said Earley, who appeared with Piarais Neary of PBN Litigation Solicitors.
“But for the infant being able to relay to his parents what had occurred and to also identify the perpetrator, together with a staff member confirming this ‘off the record’ to the parents, they would have been in the dark in relation to what had happened,” she said.
The incident resulted in visible bruising and scratches to the boy’s cheeks, and left him traumatised and distressed, the court heard.
Earley told the judge that while liability had not been conceded in the case, she was satisfied the boy would succeed at a full trial given the evidence of the parents and, if necessary, a former member of staff.
She said the assault had been reported by his mother to, and investigated by, gardaí but no prosecution had taken place.
Earley said it had been of concern that the assault may not have been a one-off incident, as Oliver had referred to the perpetrator in conversations before the assault, and had indicated a fear of being around him.
The court was told that through his mother, the boy had sued The Links Creche Southside Ltd, with a registered address at Somerset House, Stradbrook Road, Mountashton, Blackrock, and responsible for the management of Links Creche Childcare, St Olaves, Malahide Road, Kinsealy, Co Dublin.
His claim alleged negligence and breach of contract in the assault, battery and trespass on his person in that he had been subjected to an assault on April 10th last year. Selma Neira stated she noticed her son’s cheeks red and bruised with a number of lengthy scratches down both sides of his face. She had been told staff were uncertain as to what had happened.
It was alleged the creche had exposed him to the risk of personal injury and had failed to have regard for his safety, claiming inadequate supervision and training of individuals tasked to mind young children.
The Injuries Resolution Board, which in November last year had granted authorisation for the boy to take legal action to resolve his claim, put on hold for six months from June last year his case against the creche.
Earley told the judge she considered an offer, without admission of liability, of €25,000 and €900 for special damages, as an absolute minimum.
Martin said that having considered all of the circumstances he would be inclined to think of a figure “with a three and a five in it” and briefly adjourned the boy’s application to facilitate PBN Litigation Solicitors contact the creche’s legal team to allow them consider the court’s view.
Shortly afterwards, Earley told the court the offer had been increased to €35,900 which was approved by the judge.
