herald

Tuesday 20 November 2018

€25k for passenger injured in bus drama

Rachel Hardiman was jolted. Photo: Collins
Rachel Hardiman was jolted. Photo: Collins

A passenger was injured after a man ran in front of a bus to attack a group of Asian people, including a child, the Circuit Civil Court has been told.

Judge Terence O'Sullivan heard that the man threw a bottle at the group and then "turned on a sixpence in a millisecond", giving the Dublin Bus driver no chance to avoid hitting him despite slamming on his brakes.

Barrister Susan Lennox told the court that healthcare worker Rachel Hardiman (28), who was a passenger on the bus, was thrown forward, injuring her face, neck, shoulders and arm.

Bottle

Ms Lennox, for Ms Hardiman, said her client was jolted forward, striking her head and arm.

Ms Hardiman said the incident happened while she was on her way to work on September 23, 2012, but she had instead gone home again and lain down for a while.

The following day she had felt the consequences of her injuries.

Gerard O'Herlihy, for Dublin Bus, told Judge O'Sullivan that the individual who had run in front of the bus, James Richardson, of Williams Place, Clanbrassil Street, Dublin, had been joined to the proceedings as a third party but had not appeared in court despite having been served with the proceedings.

Mr O'Herlihy said the bus driver did not have a chance of avoiding Mr Richardson after he had run onto the road, taken a bottle from his pocket and thrown it, and then run back.

Judge O'Sullivan, awarding Ms Hardiman €25,000 damages and costs against Dublin Bus, said that, although the driver had lifted his foot off the accelerator after seeing the man on the road, the court did not consider this to have been enough.

The judge said any prudent driver would have slowed down as drivers could not always expect pedestrians to do precisely what they would do.

He said Ms Hardiman had been a very honest plaintiff and, although not very badly injured, still had some neck problems.

He granted Dublin Bus an order for €25,000 and costs against Mr Richardson.

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