A Dublin couple, injured when a Dublin Bus tour bus mounted a pavement near the UCD Campus in May 2000, has failed in their action for damages in the High Court.
Michael and Kathleen Counihan from Seafield Close, Blackrock had sued Dublin Bus and bus driver Arthur Ebbs after they suffered significant injuries as a result of the incident.
In a judgement delivered today, Mr Justice Frank Clarke found, based on the medical evidence, that Mr Ebbs had suffered a blackout due to a previously undetected condition known as sick sinus syndrome. This is a condition which affects the rhythm of the heart.
Mr Justice Clarke was satisfied that there was no warning of the condition that would have led Mr Ebbs to be concerned as to his ability to drive.
He also found there was no reasonable test that could have been carried out to ascertain the existence of the condition in advance of the accident and he said it was highly improbable that any test would have detected the condition until it became symptomatic.
As a result of this finding, the Judge said there was no basis for suggesting that either Dublin Bus or Mr Ebbs ought to have been aware of the danger of Mr Ebbs driving and any contention of negligence based on such a proposition must fail.
Judge Clarke acknowledged that the situation was most unfortunate from the point of view of the Counihans who were injured through no fault of their own.
He said it was somewhat surprising that a category of persons like the plaintiffs, injured due to no fault of their own are, as a result of the state of the law, deprived of appropriate compensation.
The judge said a change in that law was a policy decision, which was a matter for the Oireachtas.
