Dublin Bus is not seeking its legal costs from a Dublin couple who lost their High Court action for damages brought against the company after an accident in which they were struck by a bus and seriously injured.
The decision not to seek costs is based on the understanding the couple will not appeal, the High Court heard yesterday.
On March 2nd the court ruled that, because the bus-driver did not know he was suffering from an illness, sick sinus syndrome, which caused him to suffer a blackout, he could not be held responsible for the accident in which the bus he was driving mounted a footpath and struck the couple.
Mr Justice Frank Clarke had dismissed the action for damages brought by Michael and Kathleen Counihan, Blackrock, who suffered severe personal injuries, loss and damage as a result of the accident on May 14th, 2000. He adjourned the costs issue to yesterday.
In his judgment, Mr Justice Clarke had said his finding had left the injured couple and others like them in a most unfortunate situation, where they were deprived of appropriate compensation for injuries sustained through no fault of their own.
However, a change in the relevant law was a matter for the Oireachtas, he added.
The couple had claimed they sustained serious injuries when a bus driven by Arthur Ebbs crossed a number of lanes of the Stillorgan dual carriageway and mounted the public footpath near the entrance to Belfield Court apartments, where they were walking.