Court heard there was a failure to a keep proper lookout while operating machine
A boy who lost part of his foot in a lawnmower accident which happened when he was aged two-years-old has settled his High Court action for €725,000.
Jake McGuinness Smyth ran with enthusiasm towards the ride-on lawnmower when grass was being cut and a horrific accident occurred, the boy’s counsel Edward Walsh SC said.
Jake, now aged 14, knows he suffered a grievous injury as a child but he takes part in sports, counsel said, adding that he is a “remarkable young man” who plays football and is “very bright”.
He added that the settlement includes an amount for the loss of future career prospects.
Approving the settlement on Thursday, Mr Justice Kevin Cross said Jake suffered a traumatic injury and it was a good settlement. He was delighted to hear how Jake was doing and that he plays football.
The judge said the teenager was “an inspiration to us all”.
Jake, of Reaghstown, Ardee, Co Louth had, through his mother, Rebecca Smyth, sued the owner of the lawnmower, a nominee of the late Mary Jane Smyth, of Maghercloone, Carrickmacross, Co Monaghan and Violet Hunt, of the same address, who was operating the lawnmower on May 2nd, 2008.
Jake was visiting his relatives at the house in Carrickmacross when it was claimed a ride-on lawnmower being operated by Ms Hunt collided with him.
It was claimed the lawnmower was operated at a time when a child was present and there was a failure to keep any proper lookout while operating it so as to avoid contact or collision with the child.