Dublin Bus was 70 per cent liable for the injuries caused to a 12-year-old Spanish student after he ran out on to the road in Bray, Co Wicklow, the High Court has found.
Carlo Tech from Madrid suffered catastrophic head injuries when he was hit by a bus in February 2009. As a result, he could not walk or speak and was totally dependent on others, the court had been told. He went out on to the road because he was afraid of a group of older Irish boys behind a wall. It had been alleged those boys were previously involved in a confrontation with the Spanish boys.
In his judgment yesterday, Mr Justice Kevin Cross said he had viewed CCTV footage and he accepted the bus driver was “very safe” and “careful”.
“Had he noticed the boys acting boisterously... from about 50 yards back, I would have no doubt that he would have slowed down,” he said.
The judge said the difficulty was the driver was distracted by a conversation with another person at the time and did not see the boys as soon as they could be seen.
