Tuesday 25 June 2019

Dublin Bus passenger hurt in fall loses claim

Injuries: Stuart French said he had drank just two pints before fall on bus. Picture: Collins
Injuries: Stuart French said he had drank just two pints before fall on bus. Picture: Collins

Simone Smith

A man who fell and injured himself on a Dublin Bus has had his €60,000 damages claim dismissed after a judge suspected he had consumed more alcohol on the night than he had admitted.

Stuart French, of Elm Grove, Ballybrack, Co Dublin, told Circuit Court President Mr Justice Raymond Groarke he drank two pints in the Graduate pub in Killiney after shopping in Dún Laoghaire on February 22, 2016.

He told the court he boarded the 45A bus and had been sitting downstairs.

He stood up to ring the bell when he was approaching his stop. Mr French said the bus driver had not been slowing down so he got up to ring the bell a second time.

He said the driver continued to drive on so he had stood up to tell him he had missed his stop. Mr French said as he had done this, the driver slammed on the brakes, causing him to fall. He had injured the left side of his body including his knee and wrist.

When cross-examined by Seán Coleman, solicitor for Dublin Bus, it had been put to Mr French that both the driver of the bus and an independent witness thought he had been fairly intoxicated. Mr French denied he had been drunk.

It was also put to Mr French that a companion of his on the bus had said to the driver "he is locked" after the fall. This companion then told the court he had not said this, but asked Mr French "are you locked?"

Judge Groarke said he had been compelled to conclude what actually happened had been that Mr French stood up for the bell, missed the bar and had fallen.

He dismissed the claim.

Irish Independent

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