Learner driver loses damages claim against Dublin Bus

An unaccompanied learner driver, who for no apparent reason “stood on her brakes” at a green traffic light, has lost a €38,000 damages claim against Dublin Bus.

Bukola Balogun, a 35-year-old mother of two, told the Circuit Civil Court today that when she stopped at what she claimed was a red light, she had been rear-ended by a double decker bus.

Ms Balogun, of Paddock Place, Adamstown, Lucan, Do Dublin, said she had injured her back and leg in the accident. She had suffered acute pain for three weeks after the June 2004 accident.

She said she experienced intermittent pain for another eight months prior to full recovery.

Ms Balogun told Dublin Bus solicitor Gerard O’Herlihy she had been driving to Sunday church with her two children on June 27, 2004, when she saw traffic lights on the Navan Road – Ratoath Road junction change to amber.

“I slowed down to stop and had just come to a halt when I was struck from behind by the bus,” she said. “The back of my car was damaged but the children, aged 7 and 9, were unharmed.”

Dublin Bus mechanic Simon Kirwan said he had collected the bus to bring it back to the garage for repair and had been driving behind Ms Balogun’s car when she suddenly jammed on her brakes as she approached a green light.

He said there was no apparent reason for the sudden stop and no hint of an emergency. He hit the back of Ms Balogun’s car.

Taxi-driver Mark Quinn, who said he had since qualified as a solicitor, told the court he was driving behind the bus and could see Ms Balogun’s car in front of it.

They were the only three vehicles on the road at the time and he had a clear view of the traffic lights which were green. Ms Balogun’s car had stopped suddenly, consistent with the brakes being jammed on.

Circuit Court President, Mr Justice Matthew Deery, dismissed Ms Balogun’s claim and awarded costs against her. He said the weight of evidence favoured the version given on behalf of the bus company. Ms Balogun had suddenly stopped for no reason of necessity.