A MAN has secured €143,000 damages from the High Court after he had to have five toes amputated when a bus drove over his foot.
The action by Seán Horan (58), unemployed, of McClean's Court, The Coombe, Dublin, was against Dublin Bus arising out of the accident at Usher's Quay, Dublin, on December 18th, 2003, as he was attempting to board a double-decker bus.
Dublin Bus had denied negligence, and pleaded that Mr Horan had failed to remain in the designated bus queue.
Yesterday, Mr Justice John Quirke ruled Dublin Bus was 65 per cent liable for the accident and Mr Horan was 35 per cent liable. In light of those findings, he reduced the damages from €220,000 to €143,000.
Mr Horan had denied he was drunk at the time of the incident, and said he had drank three cans of beer that day. He told the court he was with a number of people in the queue when he saw the door of the bus open and close.
He claimed that, when the bus moved off, he had attempted to wave it down with his hand and, when the bus driver did not see him, he had stepped out on to the road where the accident occurred.
Mr Justice Quirke said he was satisfied that the consumption of alcohol was not a primary cause of the accident, and that the bus driver was in breach of duty to the plaintiff in failing to keep a proper look-out.
The court was told Mr Horan is likely to be left with a limp and permanent stiffness of the shoulder.