AN ambulance driver, rushing to a dying asthma victim, was diverted by a mob to a non-life-threatening stabbing incident to which another ambulance was on its way, a court has been told.
But Judge James Carroll held yesterday in Dublin Circuit Civil Court that the driver, Mr Denis Neill, could not have refused to check out the condition of the nearby stabbing victim first.
"Supposing the man had been stabbed in the heart or the lungs?" Judge Carroll asked. "Mr Neill didn't know another ambulance was on its way and, if the stabbing victim had died, what would have been said then?"
Judge Carroll dismissed an action for negligence against Dublin Corporation by Mr Anthony O'Keeffe and his wife, Marie of Belclare Green, Ballymun, whose son, Gerard (27), died on September 3rd, 1993, in the neighbouring home of his fiance, Ms Sinead Fitzgerald, at Cromlech Court.
He said that in the 34 minutes from receiving the call to assist Mr O'Keeffe until he was admitted dead to the Mater Hospital, no more than a few minutes elapsed, between the ambulancemen checking out the stabbing victim, who, as it transpired, had not been seriously injured, and their arrival to treat Mr O'Keeffe, whom they found not breathing and without a pulse.
"This is a very tragic incident in which a young man died before help could be brought to him," Judge Carroll said. "We think with all the technology we have that we can accomplish practically anything if only we go about it in the right way."
When somebody had been lost in this way there was a very natural feeling that somebody must be at fault and that what had occurred could have been prevented if only proper measures had been taken. "Alas, that is not the case. We are still very mortal. We are not almighty," he said.
Mr Neill had been unjustifiably criticised for having driven too slowly.
Judge Carroll told Mr Denis McCullough SC, who appeared with Ms Caroline Costello for. Dublin Corporation, that the ambulance had been stopped by an unruly mob in Ballymun and had been "ushered" to the stabbing incident.
He said Dublin Corporation was to be complimented for not seeking legal costs as a result of the dismissal. In the circumstances it would have been impossible to expect the family not to have issued proceedings.