Sunday 20 January 2019

Women awarded €13,000 for whiplash after bus 'wobbled' on a manhole cover

Michelle Dwyer pictured leaving the Four Courts. Photo: Collins
Michelle Dwyer pictured leaving the Four Courts. Photo: Collins

Ray Managh

Two women can recover damages from a council, but not a bus company over injuries they suffered when a bus "wobbled" as it crossed a half-open manhole.

Circuit Court President Mr Justice Raymond Groarke told Jennifer Byrne (36) and her friend, Michelle Dwyer, who will be 31 today, that there had been no negligence on the part of Dublin Bus - but said they were entitled to recover damages from Dublin City Council.

Judge Groarke told Dublin Bus solicitor Gerard O'Herlihy that a manhole cover had not been properly replaced following street works and this, in all probability, had been responsible for the injuries to the two women.

Damages

Ms Byrne, of The Grove, Belgard Heights, Tallaght, Dublin 24, and Ms Dwyer, of Raheen Close, Tallaght, had each sued Dublin Bus and Dublin City Council for damages of up to €60,000 in each case for personal injuries they suffered when the bus hit the open manhole.

Both told the court that on July 25, 2013, they were passengers on the 56A when it hit the manhole on Cookstown Road, near Springfield, West Dublin.

Jennifer Byrne. Photo: Collins
Jennifer Byrne. Photo: Collins

They said the bus lifted them up off their seats and they received whiplash injuries which had lasted up until their very recent recovery.

Judge Groarke, dismissing the case against Dublin Bus with an order over for costs against Dublin City Council, awarded Ms Byrne €5,836 and Ms Dwyer €7,915.

He said their injuries were relatively minor.

Irish Independent

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