Boy injured after his head became trapped between metal pole and wall in pizza restaurant awarded €21k

An 11-year-old boy who suffered injuries suffered after his head became trapped between a metal pole and a wall in a Milano pizza restaurant has been awarded €21,000. Ethan Clarke’s family had been finishing their meal on the June 3, 2018, when they saw their son had squeezed his head between a metal rod and a large glass window beside their table. Ethan sued through his father, Ian Clarke, of Trimleston Avenue, Booterstown, Dublin, who told Judge Ronan Munro in the Circuit Civil Court he had let Ethan stretch his legs while he and his wife finished their drinks.

He said Ethan, who had been four years old at the time, had gone out of view behind his wife for a few seconds, and in that time had become stuck. Barrister Maeve Cox told Judge Munro during a full hearing of the boy’s case that Ethan had turned purple and blue until he had managed to push forward so his head was on the other side and the metal rod was against his neck. A number of other diners had then come over to help him get out by applying Vaseline to Ethan’s skin and pulling on the pole to widen the gap.



His father said he had remained trapped for 15 minutes until the restaurant manager had removed the rod. Counsel said the family had waited after the incident to pay their bill and sign an incident report for the restaurant. They had been unable to visit their GP the next day due to a bank holiday, but made an appointment that week.

Judge Munro was told Ethan had suffered bruising to his ear and head, as well as permanent hair discolouration. Forensic engineer Pat Culleton said the pole served no structural purpose to the building and was hard to notice. He told the court the gap between the wall and pole had been too wide and presented a risk of ensnarement for children.

Judge Munro commended the restaurant manager for his help in freeing Ethan, saying he did an "excellent job". He said the pole was a "concealed trap" and Ethan’s actions were exactly what any four-year-old child would have done. He did not accept Ethan had not been appropriately supervised by his parents, and said the incident had been upsetting for a child and had caused obvious trauma.

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