Counihan v. Bus Atha Cliath- Dublin Bus & Anor [2005] IEHC 51 (2 March 2005)

Counihan v. Bus Atha Cliath- Dublin Bus & Anor [2005] IEHC 51 (2 March 2005)

The driver suffered a complete blackout due to a latent medical condition, with no prior symptoms or reasonable means of detection. Neither the driver nor employer could have known of the risk. Applying the Mansfield test, no negligence is established; even under the Roberts test, the evidence supports total loss of control.

Citation
[2005] IEHC 51
Parties
Plaintiff: Michael Counihan; Plaintiff: Kathleen Counihan; Defendant: Bus Atha Cliath – Dublin Bus; Defendant: Arthur Ebbs
Jurisdiction
Ireland
Judgment Date
02 March 2005
Procedural Posture
Personal Injury Negligence / Final Judgment
Outcome
claims dismissed
Legal Topics
Negligence, Automatism Defence, Duty of Care, Vicarious Liability
Tort Law Personal Injury Negligence Automatism Defence Duty of Care Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Counihan

Plaintiff

Kathleen Counihan

Plaintiff

Bus Atha Cliath – Dublin Bus

Defendant

Arthur Ebbs

Defendant

Procedural Posture

Personal Injury Negligence / Final Judgment

Legal Issues

  1. 1 Whether the defendants were negligent in causing injury to the plaintiffs
  2. 2 Whether the defence of automatism applies in civil negligence cases
  3. 3 Whether the driver or employer could reasonably have known of the medical condition causing the accident

Ratio Decidendi

The driver suffered a complete blackout due to a latent medical condition, with no prior symptoms or reasonable means of detection. Neither the driver nor employer could have known of the risk. Applying the Mansfield test, no negligence is established; even under the Roberts test, the evidence supports total loss of control.

Court Disposition

claims dismissed

Orders

  • Judgment for the defendants; plaintiffs' actions fail.