Woman hit by bus wing mirror awarded damages of €192,000

A woman who was injured by the wing mirror of a minibus as she crossed a road has been awarded more than €192,000 damages by a High Court judge.

Ms Justice Bronagh O’Hanlon said there had been “a stark transformation” in Aideen O’Kelly’s working and social life since the incident and her life is now “vastly different”.

The judge said Ms O’Kelly (54) was an expert sailor who had enjoyed sailing at a very high competitive level three to four days a week during the sailing season but cannot sail anymore.

Ms O’Kelly had also said she had sailed in national championships before the accident but could not balance properly on a boat after the incident.

“Despite her stoicism her daily living is not of the same quality as it was,” the judge said. “She has to put up with imbalance, difficulty reaching items in her kitchen and difficulty in the normal day to day tasks.”

Ms O'Kelly, a medical representative from Killester, Dublin, had sued Bus Éireann over the incident which happened at Lough Atalia Road in the Galway harbour area on December 16th, 2015.

She had told the court she was halfway across the road after 6pm in the evening and saw the minibus, which was turning into the road, just before she was hit on the right shoulder by its wing mirror and knocked to the ground.

Ms O’Kelly had to have surgery, had to wear a neck brace for 12 weeks and is left with a scar on her neck.

Liability was accepted by Bus Éireann during the hearing but it also pleaded contributory negligence by Ms O’Kelly.

The judge found Ms O’Kelly gave her evidence in a very clear and forthright manner without exaggerating her situation.

The judge found the minibus driver was “ entirely negligent” in that he failed to keep a proper lookout, failed to stay close enough to the left hand side in his own lane and simply did not see Ms O’Kelly.

The woman was crossing at an entirely appropriate and natural point and, although it was dark, it was a very well lit area, the judge said.

Finding Bus Éireann liable, Ms Justice O’Hanlon concluded the driver took a sweeping movement forward as he made the turn and Ms O’Kelly had “no chance of escape whatsoever”. Ms O’Kelly was lawfully present on the road having taken all appropriate precautions as she attempted to cross the road and no liability attached to her, she held.

Awarding total damages of €192,573, Ms Justice O’Hanlon said that while Ms O’Kelly had managed to resume work, she reported suffering from a lack of dexterity and feeling in her hands which causes problems putting on jewellery or opening jars. She refused to grant a stay in the event of an appeal.