O' Hara -v- Eirebus Ltd & Anor [2011] IEHC 450 (02 December 2011)

The plaintiff's injuries were caused solely by his own negligent actions in failing to re-board the coach, failing to ensure he would not be left behind, and subsequently wandering into the fast lane of the motorway. Neither defendant was found to have breached their duty of care or to have acted negligently in a manner that caused the plaintiff's injuries.

Citation: [2011] IEHC 450
Parties: Plaintiff: Damien O’Hara; First Defendant: Eirebus Limited; Second Defendant: Brioni Lane
Jurisdiction: Ireland
Judgment Date: 02 December 2011
Procedural Posture: Personal Injury / High Court Judgment
Outcome: Plaintiff's claim dismissed
Legal Topics: Negligence, Duty of Care, Causation, Contributory Negligence, Road Traffic Accidents

Tort Law Personal Injury Negligence Duty of Care Causation Contributory Negligence Road Traffic Accidents

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Parties

Damien O’Hara

Plaintiff

Eirebus Limited

First Defendant

Brioni Lane

Second Defendant

Procedural Posture

Personal Injury / High Court Judgment

Legal Issues

1 Whether the defendants were negligent and liable for the plaintiff's injuries sustained on the motorway.
2 Whether the first defendant (coach company) breached its duty of care to the plaintiff.
3 Whether the second defendant (driver) was negligent in striking the plaintiff.

Ratio Decidendi

Court Disposition

Plaintiff's claim dismissed