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  • A pensioner was injured while travelling on a bus when it collided with another bus. The pensioner claimed €20,000 from the two bus companies for severe injuries to his neck. The accident happened in 2016 and he claimed that more than five years later that he still suffered intermittent burning pain in his right trapezius area.

    The court was shown CCTV of the incident when the collision happened where the pensioner was sitting on the back seat of the bus which showed a gentle swaying of his knees and lower legs at the moment of collision. The judge was not satisfied that the impact was anything greater than a minimal grazing between the two buses and while the CCTV did not show the head or shoulders of the pensioner, who had his hands on his lap and not braced as he claimed, there was no evidence of sudden movement of any kind by other passengers. Medical evidence for the pensioner seemed to verify the incident shown on the CCTV and was not consistent with a muscle strain that he complained of for several years later. Accordingly, the judge dismissed the case. The case was heard in the Circuit Court so the loss of the case will cost the pensioner plaintiff a sum of around €20,000.

    This is the risk people take when litigation is commenced. It is especially important when  taking cases to solicitors that proof of injury can be established in a court and that the injury is directly linked to the acts of negligence complained of.  

    Browne v Bus Eireann and Carrig Coaches Circuit Court (Judge Crowe) January 2022.

    For further information on Accident / Personal Injury Claims you should contact:

    Brian Morgan
    Morgan McManus Solicitors

    Web: www.morganmcmanus.com
    Email: bmorgan@morganmcmanus.ie
    Ph. No.: 00353 47 51011

    *In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.