A young man who suffered serious injuries after being hit by a bus he sought to wave down while in the middle of the road has been awarded nearly half a million euro in damages, plus legal costs, by the High Court.
Earlier this month Mr Justice John Edwards found David Flood, 70 per cent responsible for the accident on Blanchardstown Road South, Co Dublin, and bus driver Paul Mahon, 30 per cent culpable, for not slowing down the bus to about five mph.
The accident, which occurred at 3.20am on June 17th, 2005, significantly affected Mr Flood's cognitive ability, memory and ability to learn and Mr Justice Edwards today awarded total damages of €1.48 million, which he reduced to €444,085, plus legal costs.
The award includes €64,500, for general damages, €56,454, for losses to date and €323,131, for future losses.
Mr Flood had brought proceedings against Dublin Bus through his mother, Ms Carmel Flood, Second Avenue, Seville Place, Dublin.
The judge said he agreed with medical reports to the effect that the injuries which Mr Flood, now aged 30, suffered in the accident had had pervasive and enormous effects on him.
In his finding on negligence, the judge had said Mr Flood had been out with friends and quite an amount of alcohol had been taken on the night of the accident. They had waited about 15 minutes for a taxi and then decided to walk.
As the Nitelink bus approached, Mr Flood's friends had crossed over the road but Mr Flood stayed about a foot over the centre line of the road. As the bus closed the gap, it veered to Mr Flood's right and hit him.
Mr Mahon said he saw four youths cross the road. One of the youths went back onto the road and stood in the middle. Mr Mahon said he tried to pull out to avoid him, slowed down from 30 mph to 20 mph and flashed the bus lights. He did not stop the bus out of fear of being attacked.
The judge said it would have been much safer to slow the bus to 5 mph and edge to a crawl. To attempt to overtake Mr Flood at even 20 mph was an error of judgment and in the circumstances, Mr Mahon was negligent
However, Mr Flood had no business being on the road in the manner he was, the judge added.
The head injury Mr Flood suffered has led to his developing behavioural problems, becoming virtually unemployable and also impacted on his eyesight, the court heard.
He can function at a moderately successful level including entertaining himself by watching television, putting himself to bed at night and waking and dressing himself in the mornings.
Mr Justice Edwards said Mr Flood has a very low level of personal self confidence, has no friends, is very lonely and isolated and totally dependent on his mother for his emotional needs and companionship.
"All the evidence before me suggests that this man now has no friends apart from his mother, there is nobody in his life upon who he can depend."