Tuesday 17 October 2017

Man settles case after claiming bus driver accused him of not paying €1.85 fare

Ray Managh

A 53-YEAR-OLD wholesaler, who claimed he was accused by a Dublin Bus driver of not paying the correct fare for a €1.85 journey, has settled for an undisclosed sum his €38,000 damages claim for defamation.

Tommy O’Connell alleged in the Circuit Civil Court that when exiting the 19A bus in O’Connell Street, Dublin, on June 25, 2011, the driver, Oki-Osifo, had accused him of putting only €1.20 in the coin receiver.

 

O’Connell alleged that when he informed Mr Oki-Osifo that he had paid  the correct fare, the diver had told him: “You only put €1.20 in. In future when you get on at Jamestown Road, Finglas, to go to O’Connell Street it is €1.85. Show me your ticket.”

 

After Mr O’Connell had shown the driver a correct €1:85 fare on his ticket, Mr Oki-Osifo allegedly said: “That is not your ticket. Give it to me.”

 

Mr O’Connell, of Oakwood Road, Finglas, Dublin, alleged the words had been distinctly spoken in front of passengers in the bus and others waiting to board and meant he was a thief and a criminal.

 

He claimed he had suffered embarrassment, anxiety and distress as a result of the incident. He sued Dublin Bus for defamation and negligent behaviour.

 

Gerard O’Herlihy, for Dublin Bus, said the bus company denied liability.  It had stated in its defence that the driver had genuinely believed Mr O’Connell  had paid a wrong fare.

 

Barrister Ivan Daly told Circuit Court President Mr Justice Raymond Groarke that following talks between the parties Mr O’Connell’s claim had settled and the case could be struck out.

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