Tuesday 24 October 2017

Spanish student sues after being hit by bus here

Tim Healy

A SPANISH student suffered catastrophic injuries when he was hit by a bus after stepping onto a road, the High Court heard.

Carlos Tesch from Madrid was only 12 years of age and learning English here when the tragic accident occurred in Wicklow on February 4, 2009.

 

Through his father Hans Peter Tesch, of Las Madras, Madrid, he is suing  Dublin Bus and the driver,Eddie O'Sullivan of Richmond Park, Bray, Co Wicklow, as a result of the accident on Herbert Road, Bray.

 

His counsel Dermot Gleeson today told the High Court the boy suffered severe head injuries and fractured the base of his skull and cannot now walk or speak and is dependant on others in every feature of his life.

 

Carlos moved on to the road because he was fearful when he and his friends saw a group of older Irish boys behind a wall who, it is alleged, had been involved in a confrontation with the younger Spanish boys before.

 

The bus driver, counsel said, had engaged in banter with a passenger and was entirely unprepared when the child jumped out.

 

It is claimed the defendants failed to keep any or any proper lookout and failed to give a sufficient wide berth when passing the schoolboy and other students at the edge of the footpath.

 

The driver,  it is claimed, allowed himself to be distracted by passengers and failed to anticipate an accident or the risk of one.

 

The claims are denied and the case is before the court to assess liability.

 

Carlos, the court heard, spent 24 days in hospitals here in Ireland before he was transferred to a Madrid hosptial.

 

Mr Gleeson said that previously teachers had previously been summoned to get the Spanish boys past the older Irish boys because of a prior altercation.

 

On the date of the accident, Carlos and his friends saw the Irish teenagers behind a wall with a hurley and a stick.

 

Carlos moved on to the road out of apprehension and looked to the left as is normal in Spain.

 

Carlos, counsel said, was an excellent student and had been destined to go far in life.

 

The case before Mr Justice Kevin Cross continues.

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