Flanagan -v- Dublin Bus [2009] IEHC 98 (05 March 2009)

Flanagan -v- Dublin Bus [2009] IEHC 98 (05 March 2009)

The plaintiff failed to prove, on the balance of probabilities, that the defendant's bus driver was negligent. The evidence established that the plaintiff was parked fully on the pavement and that the bus did not mount the pavement or swing its rear over the kerb. The accident occurred because the plaintiff's car door was not fully closed and protruded, enabling contact with the rear of the bus as it moved off in a straight line. There was no evidence of negligence by the bus driver.

Citation
[2009] IEHC 98
Parties
Plaintiff: Denis Flanagan; Defendant: Bus Atha Cliath/Dublin Bus
Jurisdiction
Ireland
Judgment Date
05 March 2009
Procedural Posture
Personal Injury Civil Action / High Court Judgment After Transfer From Circuit Court
Outcome
Plaintiff's claim dismissed
Legal Topics
Negligence, Liability, Road Traffic Accident, Evidence
Tort Law Personal Injury Negligence Liability Road Traffic Accident Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Denis Flanagan

Plaintiff

Bus Atha Cliath/Dublin Bus

Defendant

Procedural Posture

Personal Injury Civil Action / High Court Judgment After Transfer From Circuit Court

Legal Issues

  1. 1 Whether the defendant's bus driver was negligent in causing the collision with the plaintiff's car
  2. 2 Whether the plaintiff's own actions contributed to the incident
  3. 3 Whether the plaintiff's evidence was false or misleading under s.26 of the Civil Liability and Courts Act, 2004

Ratio Decidendi

The plaintiff failed to prove, on the balance of probabilities, that the defendant's bus driver was negligent. The evidence established that the plaintiff was parked fully on the pavement and that the bus did not mount the pavement or swing its rear over the kerb. The accident occurred because the plaintiff's car door was not fully closed and protruded, enabling contact with the rear of the bus as it moved off in a straight line. There was no evidence of negligence by the bus driver.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's claim is dismissed.