Judge John O’Connor said in the Circuit Civil Court on Monday that Evan Davis was not on a “moisture and dust control mat” - blamed for having caused his fall - when he fell and injured himself in Subway in the Carrickmines Shopping Centre, Dublin three years ago.
He said there had been a direct conflict of evidence and opinion between forensic engineers Conor McGuire, for the company, and David Brown, on behalf of the boy, as to how the incident might or might not have occurred and the court was convinced that Evan was not on the mat when he had fallen. Counsel asked the boy’s father Barry Davis, of Beacon South Quarter, Sandyford, Dublin 18, if he was trying to convince the judge that his three-year-old boy had never previously fallen. Mr Davis replied: “No, but he never had a fall similar to that one or anything close.”
Mr Davis said he had taken two photos of the mat only minutes after the incident and it was clear to him from the photographs produced in court that there were about 10 ripples on it. He said his son had split his bottom lip both inside and to the outside and had to be taken to hospital where it had been treated with steri-strips.
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