A Co Meath woman who fell on a bus as it moved off from a stop, has lost a €60,000 personal injuries claim against Bus Éireann.
Judge John O’Connor heard in the Circuit Civil Court on Tuesday that guidance counsellor Jacqueline Howard, of Station Road, Duleek, walked the full length of the bus to a favourite seat and was not holding on to any safety rail at the time of the fall.
Barrister Kevin Callan, who appeared with Hayley Tarmey of Ennis Solicitors for Bus Éireann, argued that Ms Howard was the author of her own misfortune as she had failed to take any reasonable care for her own safety.
Ms Howard (64) told the court she got on the bus at Duleek on February 8th, 2017 and walked towards a seat at the back where she always sat. She claimed the bus jerked suddenly on moving off, throwing her to the floor.
“I didn’t have time to reach for a hand rail, it happened so suddenly,” she told Judge O’Connor. “I was thrown on the floor and my rib cage and back struck the edge of a plinth on the floor.”
Severe pain
Ms Howard told her counsel that she suffered severe pain after the incident and later had to have an injection into her back. The pain, at times, was such that she was unable to do anything for herself and she believed the fall had exacerbated back issues she previously suffered, the court heard.
Judge O’Connor said that while Ms Howard was a particularly nice and genuine person who suffered a fall, he had to look in detail at a Court of Appeal judgment that was handed down by Mr Justice Michael Peart.
In that particular incident 12 years ago involving Dublin Bus, the Court of Appeal held that the defendant had a duty to take reasonable care for the safety of a passenger but stressed the need of passengers to avail of clearly visible hand rails.
Judge O’Connor said a bus driver was entitled to assume, unless a passenger was impaired in some way – which could place upon him a greater duty of care than usual – that the average able-bodied adult would take reasonable care for their own safety by using the rails.
He said that in the circumstances of the incident before the court, and in accordance with the Court of Appeal ruling, he had to dismiss Ms Howard’s claim.