Lennon v. Reilly & Anor [2003] IESC 58 (25 November 2003)

Lennon v. Reilly & Anor [2003] IESC 58 (25 November 2003)

The plaintiff failed to control his vehicle and struck the bus on its correct side of the road; any minor crossing of the white line by the bus did not play a causative role in the accident. The plaintiff had ample opportunity to pass safely or stop. The accident was caused by the plaintiff's loss of control, not by any negligence of the defendant.

Citation
[2003] IESC 58
Parties
Plaintiff/respondent: Eugene Lennon; Defendant/appellant: Patrick Reilly; Defendant/appellant: Bus Éireann/Irish Bus
Jurisdiction
Ireland
Judgment Date
25 November 2003
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; plaintiff's claim dismissed.
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Road Traffic Accident
Tort Law Personal Injury Negligence Contributory Negligence Apportionment of Liability Road Traffic Accident

Case Brief

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Parties

Eugene Lennon

Plaintiff/respondent

Patrick Reilly

Defendant/appellant

Bus Éireann/Irish Bus

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the defendant was negligent in causing the accident
  2. 2 Whether the plaintiff's negligence was the sole cause of the accident
  3. 3 Apportionment of liability between plaintiff and defendant

Ratio Decidendi

The plaintiff failed to control his vehicle and struck the bus on its correct side of the road; any minor crossing of the white line by the bus did not play a causative role in the accident. The plaintiff had ample opportunity to pass safely or stop. The accident was caused by the plaintiff's loss of control, not by any negligence of the defendant.

Court Disposition

Appeal allowed; plaintiff's claim dismissed.

Orders

  • High Court order set aside.
  • Plaintiff's claim dismissed.