Thursday 29 September 2016

Man who alleged he was imprisoned and racially abused by a Bus Eireann driver loses damages claim

Saurya Cherfi

Published 11/05/2015 | 15:26

Man who alleged he was imprisoned and racially abused by a Bus Eireann driver loses damages claim
Man who alleged he was imprisoned and racially abused by a Bus Eireann driver loses damages claim

A Dublin man, who alleged he had been assaulted and racially abused by a bus driver, has lost a €75,000 damages claim in the Circuit Civil Court against Bus Eireann for false imprisonment, assault and battery.

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Circuit Court President Mr Justice Raymond Groarke said he accepted that a Bus Eireann driver had been “apoplectic” when he approached Anthony Doran’s car, which was parked in a designated bus area, in February 2014.

Judge Groarke said unpleasantries had been exchanged between the two men but Mr Doran had failed to establish false imprisonment, assault and battery. The claims had been denied by Bus Eireann.

The court had heard that Doran’s car had broken down near Tara Street, Dublin, and he had had no alternative but to park his car in the bus area, while he was waiting for a recovery vehicle.

Doran, of Charlestown Place, St Margaret’s Road, Dublin, alleged that although several buses had manoeuvred around his car without difficulty, one bus came up behind his car and used its horn.

He said he approached the bus to explain his situation but as the driver had not wanted to open the window, he returned inside his car. Doran claimed that shortly after the bus driver came near him and blocked him from opening his car driver’s side door.

Doran alleged that as he opened his car window, the bus driver raised his fists and said “you get out of my way now,” before adding “I will finger you up the bum black boy before I f*** you up the ass.”

Barrister Jeri Ward, for Bus Eireann, said the company denied the incident happened in that manner or that the bus driver had used racist language.

Ms Ward told the court that a “heated” exchange had happened between the two men after Mr Doran allegedly showed a disrespectful middle finger gesture to the bus driver.

Counsel told Judge Groarke, who today dismissed Doran’s claim, that the company denied he had been assaulted and falsely imprisoned by the bus driver.

Judge Groarke made no order for costs against Doran.

Reuters

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