Doran -v- Bus Eireann/Irish Bus [2016] IEHC 19 (15 January 2016)

The court found, on the balance of probabilities, that the bus driver committed an assault by approaching the plaintiff's car, using foul, aggressive, and racially abusive language, and acting in a manner that caused the plaintiff to reasonably apprehend imminent physical violence. No battery or false imprisonment occurred. Damages are payable for the assault.

Citation: [2016] IEHC 19
Parties: Plaintiff: Anthony Doran; Defendant: Bus Éireann/Irish Bus
Jurisdiction: Ireland
Judgment Date: 15 January 2016
Procedural Posture: Civil Appeal / Appeal From Circuit Court to High Court
Outcome: Appeal allowed in part; damages awarded for assault.
Legal Topics: Assault, Damages, Racial Abuse, False Imprisonment

Tort Law Assault Damages Racial Abuse False Imprisonment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Anthony Doran

Plaintiff

Bus Éireann/Irish Bus

Defendant

Procedural Posture

Civil Appeal / Appeal From Circuit Court to High Court

Legal Issues

1 Whether the defendant committed an assault against the plaintiff
2 Whether the defendant committed battery or false imprisonment
3 Whether damages are payable for assault involving racial abuse

Ratio Decidendi

Court Disposition

Appeal allowed in part; damages awarded for assault.

Orders

Damages to be assessed and awarded to the plaintiff for assault.