Judge refuses €13,500 offer to girl injured in Eason incident

Circuit Court president hears Shauna Kenny still has headaches two years afterwards

Barrister David Boughton told the Circuit Civil Court that in July 2012, Shauna Kenny had been browsing in an electronic books area at Eason, Lower O’Connell Street, Dublin, when an electronic  frame suddenly fell on her. File photograph: Dave Meehan/The Irish Times

Barrister David Boughton told the Circuit Civil Court that in July 2012, Shauna Kenny had been browsing in an electronic books area at Eason, Lower O’Connell Street, Dublin, when an electronic frame suddenly fell on her. File photograph: Dave Meehan/The Irish Times

 

A judge has refused a €13,500 settlement offer to a 16-year-old student who was struck on the head when an electronic frame fell off a wall in an Eason store in Dublin.

Circuit Court president Mr Justice Raymond Groarke heard Shauna Kenny was still suffering from headaches and stiffness in her neck two and a half years after the incident.

Barrister David Boughton told the Circuit Civil Court that in July 2012, Ms Kenny had been browsing in an electronic books area at Eason, Lower O’Connell Street, Dublin, when the frame suddenly fell.

Mr Boughton said Ms Kenny, who was 14 at the time, was struck on the head and right wrist. She was taken to Crumlin Children’s Hospital, Dublin, where X-rays revealed no fracture.

The court heard Ms Kenny, of Barnville Park, Ballyfermot, Dublin, suffered a concussion injury and soft-tissue damage to her neck, lower back and right wrist. A splint had been applied to her wrist.

Severe headaches

Counsel said the teenager suffered from severe headaches for about six months after the incident.

Through her mother Kathy Maher, she sued the store and David James Retail Solutions Ltd, with a registered address at Edenderry, Co Offaly, for negligence.

Judge Groarke heard that following talks between the parties, a €13,500 settlement offer had been made.

Mr Boughton said he was not recommending acceptance of it to the court, as he feared the figure would not be enough to compensate Ms Kenny.

The judge refused the offer and the case was adjourned for a full hearing at a date to be fixed by the Circuit Court office.