A woman has been awarded more than €192,000 damages by a High Court judge after she was hit by the wing mirror of a mini bus.
Crossing the Road
The woman (54) sued Bus Éireann over the incident, which occurred in Galway in December, 2015. The court heard how she had been crossing a road one evening after 6pm when she spotted the bus turning on to the road. As it turned, the right wing mirror of the bus struck her on her right shoulder and knocked her to the ground.
As a result of her injury, the woman required surgery, as well as having to wear a neck brace for twelve weeks. She was left with a scar on her neck.
Pleading contributory negligence by the complainant, Bus Éireann nevertheless accepted liability.
Driver “Entirely Negligent”
Ms Justice Bronagh O’Hanlon stated that the driver of the bus had been “entirely negligent” for failing to keep a proper look out, failing to stay close enough to the left in his own lane, and for simply not seeing the woman crossing.
In her findings, Ms Justice O’Hanlon concluded the bus driver took a sweeping movement forward as he made the turn, leaving the woman with “no chance of escape whatsoever”.
Although it was a dark time of day, the judge claimed that the area was well lit, and that the complainant had every right to cross where she did.
Awarding total damages of €192,573, Ms Justice O’Hanlon noted that the complainant reported suffering from a lack of dexterity and feeling in her hands, which made simple tasks such as putting on jewellery difficult. There was also a refusal to grant a stay in the event of an appeal.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.