A DRIVER for Dublin Bus, who was injured when the pneumatic suspension on his vehicle failed as he drove over a speed ramp, has been awarded almost €76,000 in damages at the High Court.
Vincent Thompson (50), Kylemore Grove, Tallaght, Dublin, had sued the bus company and South Dublin County Council over the incident on the Tallaght to Bohernabreena Road on September 27th, 2005, when he suffered injuries to his neck and lower back.
Mr Thompson had driven the 201 bus over three ramps on the road but, as he went over a fourth ramp, the suspension malfunctioned and caused a loss of “cushion effect” to the bus.
Yesterday, Mr Justice Éamon de Valera awarded him €75,911 damages against Dublin Bus. He said Mr Thompson succeeded in his claim against the bus company but not against the council, which had, he found, built the ramps in accordance with best practice.
He said the company had a statutory duty to ensure necessary measures were taken so the equipment used was suitable, or properly adapted, for its purpose. Mr Justice de Valera ruled that while he was satisfied no blame attached to the company’s system of maintenance, its statutory duty had not been discharged and Mr Thompson was entitled to damages.
When the 201 Bohernabreena route was initiated, the ramps were already on the road. It was agreed there were regulations providing ramps should not be put on roads where buses operated. However, there had apparently been no application by the bus company to have the ramps on the 201 route removed, the judge said. Therefore, it had to be assumed Dublin Bus was prepared to operate this service despite knowing the “physical unsuitability” of the route.
The judge noted Mr Thompson had previous, but fully resolved, back injuries. Arising from the 2005 incident, he no longer worked overtime and drove on a shorter route, nor could he play snooker or cycle.
Mr Thompson had an autistic child and he claimed his injuries affected his capacity to attend to the child’s special needs, the judge noted. Medical reports stated Mr Thompson’s symptoms would “probably persist indefinitely at nuisance level” and interfere with his recreational activities to some extent.
The judge awarded general damages of €25,000 for pain and suffering to date, €20,000 for pain and suffering in the future and €30,911 special damages. Counsel for the bus company said they wished to consider an appeal.