A bus driver succeeded in his claim against Dublin Bus after the High Court found that a failure in a bus’s pneumatic suspension injured his neck and lower back while he was driving the Tallaght–Bohernabreena route in 2005. The court found no liability on the part of South Dublin County Council, which had built the road ramps involved.
Mr Justice de Valera said the incident occurred at about 7.55pm on 27 September 2005, as the plaintiff was returning from Bohernabreena to Tallaght. The suspension lost its “cushion effect” as the bus crossed approximately the fourth ramp at Kiltipper. The judge found no evidence that the driver was travelling too fast and accepted that the equipment failure caused the collapse.
The judge was satisfied that Dublin Bus had a proper inspection and maintenance regime, and that the ramps had been built to best practice. He said the claim would fail if based only on the employer’s common law duty, because the maintenance system was adequate. However, he held that the bus was work equipment under Regulation 19 of the Safety, Health and Welfare at Work (General Application) Regulations 1993. He found that the statutory duty to ensure equipment could be used without risk to employees’ safety and health had not been discharged. The driver therefore succeeded against Dublin Bus despite the absence of blameworthiness in its maintenance practices.
The judgment also noted that the ramps were already in place when the bus route began, and that regulations provided that ramps should not be placed on roads where an omnibus service operated. The court said Dublin Bus had not apparently applied to have them removed and must be taken to have operated the route despite knowing of its physical unsuitability. As the ramps were properly constructed, the judge found no blame could be attached to the council.
The driver had previous back injuries that had resolved. The medical evidence described a pre-existing degenerative condition, with the accident accelerating the onset of symptoms. The judge said the symptoms would probably persist indefinitely at nuisance level and interfere to some extent with recreational activities. The driver had stopped playing snooker and cycling, and was no longer working overtime or driving a longer route.
The court awarded €25,000 for pain and suffering to date and €20,000 for future pain and suffering, plus agreed special damages of €30,911.68. The judgment does not state the combined total.