Tuesday 6 December 2016

Woman hit by bus loses action for damages

Tim Healy

Published 23/04/2010 | 05:00

A WOMAN who suffered life-threatening brain injuries when she stepped off a pavement and was hit by a bus has lost her High Court action for damages.

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Florence Mokom (33), St Theresa's Place, Glasnevin, Dublin, sued Dublin Bus for negligence arising out of an accident at Botanic Road, Glasnevin, on March 3, 2005.

Mr Justice John Quirke said while Ms Mokom's injuries were tragic, he was satisfied that there was no evidence Dublin bus had been negligent.

The judge said it was "inescapable" that Ms Mokom had been walking along a path when she suddenly turned and walked into the side of a bus, within the space of three seconds. The driver had did what he could to avoid the collision, he said.

In her action, Ms Mokom, a pharmaceutical technician originally from Cameroon, claimed the bus was travelling at excessive speed, failed to stop, swerve or slow down to avoid the collision.

Dublin Bus argued she was the author of her own misfortune. Pleading contributory negligence, the company claimed she walked into the bus, failed to look before stepping off the footpath and on to the road and had no reasonable regard for her own safety.

Evidence

Counsel for the company said there was no evidence of negligence. Ms Mokom "never looked left or right before crossing the road," and "the bus driver did all he could," Finbarr Fox said.

Declan Doyle, for Ms Mokom, said his client had no memory of the accident.

The court heard Ms Mokom sustained multiple fractures to her skull, damage to her airways and lungs in the accident, and was taken to hospital.

She was in a coma and required ventilation for 10 days.

Irish Independent

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