The mother of a six-year-old child, who broke an arm while “gallivanting” around a seating bay in a Dublin restaurant, has withdrawn a €60,000 personal injury claim against the franchise of the Eddie Rockets eatery.

Belinda O’Connor, mother of Darragh O’Connor, of Moatview Drive, Priorswood, Dublin, withdrew the claim against Sunspel Limited after Judge Terence O’Sullivan had viewed a CCTV video of the incident in the Eddie Rockets City Diner in Swords, Co Dublin, three years ago.

Barrister Philip Fennell, who appeared with Stephen Mackenzie Solicitors for Sunspel, told the Circuit Civil Court Tuesday that a full defence denying any negligence to the claim had been entered on behalf of the defendant.

Judge O’Sullivan, after viewing the video prior to anyone giving evidence on the child’s behalf, said the boy, then aged six, was under the control of his parents at the time.

“I have seen what went on. The child was gallivanting around behind his mother and had ended up in another seating position,” Judge O’Sullivan said.

He told counsel for the boy – now nine – and his mother that while the group of five had been directed to sit in a seating bay for four persons they had not been directed by Sunspel to have the child sit on the edge of the seat facing outwards at right angles to the group.

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