Tuesday 20 August 2019

Child who 'cries at sight of bus' loses court claim for €15,000

'The mother told the court the boy now has a reaction to buses. She now travels by Luas' (stock photo)
'The mother told the court the boy now has a reaction to buses. She now travels by Luas' (stock photo)

Tom Tuite

A young boy who allegedly stopped talking and would not let his mother get on a bus after a minor accident when he was a baby has lost a €15,000 damages claim against Dublin Bus.

Libyan national Rasha Akkazah sued Dublin Bus on behalf of her son, Mohammed Ali, who was aged 18 months and in a buggy travelling on a bus at the time of an accident two years ago.

Ms Akkazah, of North King Street, Dublin, gave evidence before Judge Michael Coghlan in the civil hearings list at Dublin District Court.

In cross-examination by Tracey Ennis Faherty, counsel for Dublin Bus, she accepted the buggy never moved during the incident. She agreed a doctor's report was obtained in November 2017 saying: "No further investigation required".

Another doctor's report said the boy was drastically affected and "still cries at the sight of buses".

The mother told the court the boy now has a reaction to buses. She now travels by Luas.

Counsel said CCTV evidence showed the child was in a buggy at the time of the incident and he did not move and was dangling his feet. Other passengers didn't move when the bus braked.

Judge Coghlan said the CCTV footage showed the bus in a lurching motion as if it braked and he did not have any evidence of a collision. Dismissing the claim, he directed that the plaintiff has to pay the defendant's costs.

Irish Independent

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