A SCHOOLBOY whose leg was crushed when a wall collapsed at his school has secured an out-of-court settlement with Highland Council.
Max MacPhee, aged seven, was injured by falling debris at Ben Wyvis Primary School in Conon Bridge, Dingwall, in May 2017.
The youngster, who was just five when the incident happened, was hospitalised with a broken leg and now has one leg longer than the other.
His mother Louise MacPhee raised a civil action against the local authority.
Officials denied liability throughout the case but have now paid an undisclosed sum to the family after Digby Brown solicitors, who acted for the MacPhees, found evidence of debris falling at the same site a year before Max was injured.
Mrs MacPhee, 34, said that while she was glad to win the case, she believes the council acted "shamefully" throughout the proceedings.
“It’s shocking that Highland Council didn’t have the common decency to hold their hands up and just help a little boy who was hurt by their own failings instead of having the audacity to try and blame him," she said.
Max was leaving his morning nursery session when he was injured after leaning on the wall.
A coping stone fell and struck him on the right leg, breaking it just beneath knee.
The young pupil spent two months in recovery, spending most of his time in a wheelchair or using a walking frame.
Mrs MacPhee, a bar maid from Conon Bridge, Ross-shire, added: “The Council put us through Hell, not to mention wasted public money on legal bills, when they could just have done the right thing from day one.
“At least now they can be held accountable and everyone will know their shameful tactics in blaming a little boy.
“If there’s any good to come from this then I hope it’s that the Council give themselves a serious shake and invest in improving the safety of public areas so people aren’t hurt in the first place.”
David McGowan, an associate at Digby Brown’s Inverness office, led the legal action against Highland Council.
His investigations found the local authority was alerted to structure concerns at Ben Wyvis Primary when a coping stone fell from the same wall in 2016.
But despite this the Council still failed to carry out adequate inspections or repair work.
Mr McGowan, who helped secure the undisclosed settlement, said: “This was clearly an accident waiting to happen and it’s distressing to consider how much worse Max or anyone else could have been injured.
“Every local authority has a duty of care towards those entering their premises and this is especially important when considering schools and nurseries.
“Securing rightful damages is just one aspect of how we help individuals - the other is holding defenders accountable to hopefully improve safety standards for all.”
A Highland Council spokeswoman said: "It is the Council’s policy not to comment on insurance claims."
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