A young Dublin man who claims he suffered a severe head injury after being hit by a Nitelink bus while waving it down as he stood in the centre of the road at 3.20am on a night 12 years ago has begun a High Court action for damages.
Dublin Bus has denied any liability for the injuries sustained by David Flood, and has pleaded the accident occurred solely as a result of Mr Flood's own negligence and failure to have regard to his own safety.
Alternatively, it pleads contributory negligence by Mr Flood, then 18, in his alleged excessive use of ecstasy and/or alcohol.
The proceedings are being brought on behalf of Mr Flood, now aged 30, by his mother Carmel, of Second Avenue, Seville Place, Dublin. The damages claim includes a claim for €365,000 loss of earnings.
In opening the case, Aidan Walsh SC, for Mr Flood, dismissed the defence claims of negligence by Mr Flood as a "red herring".
Mr Walsh said the incident occurred at Blanchardstown Road South, Co Dublin, at about 3.20am on June 17th 1995. Mr Flood, along with friends, had attended a disco/licensed premises and the group was heading home when they saw the double-decker bus all lit up about 200 yards away.
Counsel said there was no footpath, and three of the group went to one side of the road while Mr Flood decided to stay in the centre of the road and waved his arms over his head to wave the bus down.
Mr Walsh said the driver swerved to the centre of the road and a serious impact took place. Mr Flood was wearing a cream shirt and cream trousers and was struck by the front of the bus. "We believe the driver was negligent - effectively ploughing into Mr Flood."
He said there was excellent street lighting but the driver had made no effort to slow down.
It is claimed Mr Flood suffered a severe head injury which was initially life-threatening. It is claimed it is extremely likely he will be left with long-term problems such as difficulties with cognition, memory, concentration and possible alteration in personality.
Dublin Bus denies negligence and/or any breach of duty. It also denies that Mr Flood sustained the alleged severe personal injury, loss or damage and pleads he is capable of getting in and out ofwork.
The hearing continues.