Man who was rear ended loses damages claim against Dublin Bus

Ray Managh

A motorist who was rear ended by a bus has lost a €60,000 damages claim against Dublin Bus, ordered to pay the transport company’s legal costs as well as lift the bill for repairs to the bus.

Judge Sinead Ni Chulachain said in the Circuit Civil Court that John O’Donnell of Drapier Green, Glasnevin, Dublin 11 had not given the bus driver a chance of avoiding a collision when he suddenly pulled his car into the bus lane.

The judge told Solicitor Sean Coleman, who appeared for Dublin Bus, that she was dismissing O’Donnell’s claim and upholding a counter claim against him for just over €2,000 because of damage his manoeuvre had caused to the bus.

O’Donnell, 48, who claimed he had injured his neck and lower back when the bus hit him, was criticized by the judge for having crossed a continuous white line and swerving into the bus lane.

The court heard that O’Donnell’s car had moved into the bus lane and stopped in order to avoid a collision with other traffic.

Mr Coleman of M Roche Solicitors for Dublin Bus in a full defence denying all liability for the collision, successfully counter-claimed for €2,184:46 for repairing damage to the bus and including loss of revenue while the bus was off the road while repairs were being carried out.

Judge Ni Chulachain awarded Dublin Bus its legal costs against O’Donnell which leaves the Glasnevin man facing his own legal costs and those of Dublin Bus totaling in the region of more than €35,000.