Dublin Bus 70% liable for student’s head injuries

Dublin Bus was 70% liable for catastrophic head injuries suffered by a young Spanish student after he was struck by a bus when he ran out onto the road in Bray, Co Wicklow, the Supreme Court has ruled.

Carlos Tesch, then aged 12, was with a number of Spanish friends on Herbert Rd on February 4, 2009, when he ran into the road to get away from a number of local youths who allegedly previously confronted the students verbally while brandishing hurleys.

The students were a short distance up Herbert Rd and had reached a lamppost when Carlos suddenly ran across the road and the Dublin Bus, which was coming behind him, crashed into him. He suffered severe head injuries rendering him unable to walk, talk or speak and requiring lifelong care.

Having viewed CCTV footage from bus cameras and heard evidence from the driver and witnesses, including passengers on the bus, Mr Justice Kevin Cross ruled Dublin Bus was 70% liable while Carlos was 30% due to “dashing” across the road.

Dublin Bus appealed to a three-judge Supreme Court which yesterday gave its unanimous reserved judgment upholding the High Court’s findings.

Dublin Bus had particularly challenged the High Court finding that the bus driver, due to being distracted for a number of seconds by a conversation with a passenger, did not see the boys for a number of seconds after they had come into view.

Giving the Supreme Court judgment, Ms Justice Elizabeth Dunne said the evidence was the bus was travelling at 40km/h in a 50km/h zone and the driver was “a very careful and safe driver”. Unfortunately, he was distracted by a conversation with a passenger in the seconds leading up to this tragic accident, she said.

The High Court had correctly applied the law governing liability of drivers when there are children present at or near the roadway, she said.