€76k award for bus driver after suspension failure

A DUBLIN Bus driver injured when the pneumatic suspension on his vehicle failed as he drove over a speed ramp has been awarded nearly €76,000 in High Court damages.

Vincent Thompson, aged 50, of Kylemore Grove, Tallaght, Dublin, sued the bus company and South Dublin County Council over the incident on the Tallaght to Bohernabreena Road on September 27, 2005, when he suffered injuries to his neck and lower back.

Mr Thompson had driven the 201 bus over three ramps on the road when, as he went over a fourth ramp, the suspension malfunctioned and caused a loss of “cushion effect” to the bus.

Yesterday, Mr Justice Éamon de Valera awarded him €75,911 damages against Dublin Bus. The judge said Mr Thompson was entitled to succeed in his claim against the bus company but not against the council which had, he said, built the ramps in accordance with best practice.

He accepted Mr Thompson was not driving too fast and he also accepted a submission from his counsel that the suspension collapse was a failure of equipment.

The company had a statutory duty to ensure necessary measures are taken so that the equipment used is suitable, or properly adapted, for its purpose so that it can be used by employees without risk to their safety and health. Where there is a risk or rupture or disintegration of equipment likely to pose a danger to health and safety, then appropriate protection measures shall be taken, the judge added.