The Supreme Court allowed an appeal by a school bus driver and Bus Éireann/Irish Bus and dismissed Eugene Lennon’s claim over a 1995 collision on a narrow road in Co Meath. The Court replaced the High Court order, which had found both drivers negligent and awarded Lennon £355,072.50 after apportioning fault equally. It did not consider the appeal on damages because dismissal of the claim made that unnecessary.
The collision happened on 19 October 1995 on a country road between Nobber and Drumconrath. Lennon was driving an Opel Astra; Patrick Reilly was driving the bus. The road narrowed to 17 feet 6 inches at the scene, with a continuous white centre line and a sharp bend that restricted visibility. The judgment recorded that both vehicles were travelling at about 25 miles per hour.
Lennon said the bus was partly on his side of the road as it came around the bend, forcing him to brake. He could not recall what happened after that, but said his car must have skidded across the road. His daughter, who was in the car, also said the bus appeared to cross onto their side. Reilly denied crossing the centre line. He said he saw the car, steered towards the grass verge and braked, and that the car came across and hit the bus.
The High Court found both drivers credible and held them equally at fault. It accepted that the bus had been “a bit too far out on the road” and that Lennon braked on a greasy surface and skidded. On appeal, however, the Supreme Court said the trial judge had not clearly set out findings on key parts of the evidence, including the engineers’ reconstruction. It assessed the strongest version of Lennon’s case as a hypothesis: the bus might have been less than a foot over the centre line 50 to 60 yards before impact. The Court said this did not establish that such a crossing caused the crash.
The Court concluded Lennon had ample room to pass the bus or stop if he believed there was insufficient space. It found his loss of control was the direct cause of the collision and could not be attributed to an act or omission by Reilly. The Court also rejected criticisms concerning a pothole: the evidence did not establish that one was present at the time of the crash or played a role in it.