The owner of a coach that toppled over the side of a road while carrying more than 40 students has been awarded €61,343 damages in his High Court action against Mayo County Council.
Several students were injured in the accident, resulting in a number of claims for damages.
Mr Michael Corduff, trading as Walsh's Coaches, of Rossport, Ballina, sued the council for damages for alleged negligence over the condition of the road, at Eoinduff, between Achill and Mulrany.
The council denied the claim and pleaded contributory negligence on the part of Mr Corduff.
Mr Justice O'Neill decided yesterday that there was 70 per cent negligence on the part of the council and 30 per cent negligence by the plaintiff.
He gave judgment for €61,343 and costs in favour of the coach company after making allowance for its negligence.
An indemnity was also given to the company on a 70-30 basis in relation to all claims against it arising out of the accident.
Mr Kieran Fleck SC, for the company, said 47 students and two adults were on the coach at the time of the accident on May 19th, 2001.
The vehicle was returning from an activity facility at Achill when the driver noticed an oncoming line of traffic.
The coach moved in to the left, and the left front wheel subsided into the road, as a result of which the coach toppled over into a field. The driver kicked out a window, through which many students exited. Others used the emergency door. A number were treated for their injuries.
The company pleaded that the council had failed to build a solid verge on the roadside and had allowed loose chippings to remain on a grassed and unstable surface.
It claimed the council had failed to strengthen the roadside and had created a false surface that was inadequate to support motor vehicles.
It argued there was no warning of the absence of a full and secure road surface, no warning signs to advise of a soft margin and a failure to inspect the road when it was known that buses used it regularly.
Damages were claimed under a number of headings, including some €60,000 for damage to the bus, less salvage.
Mayo County Council rejected the claims and pleaded that the driver failed to slow down in time and had inadequate regard for the prevailing conditions and for the features inherent in driving on roads laid over a bog.
The council also argued that there was a failure to have such care and control of the coach as would keep and maintain it safely on the roadway.