A 15-YEAR-old student, who developed a food aversion after chewing on plastic shards while eating ice cream, has been awarded €25,000 damages.
The court heard that in November 2013, Jordan Dwyer and her mother Tara Dwyer bought a cardboard tub of Carte D’Or ice cream at the café section of Applegreen Filling Station on the Stillorgan Road in Dublin.
Barrister Eileen McAuley said Jordan, of Goatstown Close, Goatstown, Dublin, felt something crunchy while eating the ice cream.
Jordan, who was 13 years old at the time, found her mouth was bleeding and discovered a shard and a ball of plastic.
Circuit Court President Mr Justice Raymond Groarke heard Jordan was taken to Tallaght Hospital A&E, Dublin, complaining of pains in her mouth and stomach.
Through her mother Tara, Jordan sued Petrogas Group Ltd, with an address at Joyce Way, Parkwest, Dublin, and the ice cream manufacturer, Unilever Ireland Ltd, of Riverwalk, National Digital Park, Citywest Business Campus, Dublin, for negligence.
She claimed the filling station had failed to examine and inspect the original ice cream tub and alleged Unilever Ireland Ltd failed to have a proper system of quality control.
Ms McAuley said the defendants had made a €25,000 settlement offer and Judge Groarke approved it.
Saurya Cherfi, Irish Independent