Court ruling on Dublin Bus case costs
Tuesday, 5 April 2005 20:28
A seriously injured Dublin couple who failed in their High Court action for compensation against Dublin Bus will not have to pay the costs of the court proceedings.
The High Court ruled that because a Dublin Bus driver did not know he suffered from an illness which caused him to blackout, he could not be held responsible for the accident which injured Michael and Kathleen Counihan from Blackrock.
The couple were out walking when the bus crossed several lanes of the Stillorgan dual carriageway, mounted the footpath and struck them in May 2000.
The driver was suffering from sick sinus syndrome and had suffered a blackout.
Dublin Bus did not seek costs against the couple at today's hearing.
In his judgement last month, Mr Justice Frank Clarke noted that his finding left the couple in a most unfortunate situation.
They were deprived of appropriate compensation for injuries they sustained through no fault of their own, but he said a change in the law was a matter for the Oireachtas.
