€69k award for Bus Eireann employee left with chronic pain after fall

Mr Seery, a lead hand engineering operative with Bus Eireann had told the court he had parked a bus in a bay at the depot and was going back to collect another when he fell over the bar. File image

A Bus Eireann worker who fell over a ground brake bar installed at a depot to stop buses has been awarded over €69,000 by the High Court.

Mark Seery, Mr Justice Kevin Cross said, was a most truthful witness who in no way exaggerated his injury after the accident four years ago at the bus depot, Broadstone Dublin.

The judge accepted the evidence of Mr Seery’s engineer that the bus wheel stop bar which the operative had fallen over was a significant trip hazard. The court heard the bar across the bus bays was removed after the accident and replaced with bollards.

Mr Justice Cross said the 51-year-old operative is regularly in pain and he is to be congratulated for his diligence in continuing to work. 

The judge added:

It is to his credit that he is no complainer and gets on with his work.

Mr Seery, a lead hand engineering operative with Bus Eireann had told the court he had parked a bus in a bay at the depot and was going back to collect another when he fell over the bar. He said it was in the early hours and dark as the lights were off in the buses and the other lights had been turned off. He had claimed he never had a day without pain after the accident.

“I tripped and fell against the wheel brace of another bus. I felt very, very sore,” he said. He went to his doctor on several occasions complaining of pain in the hip and numbness in his leg and was later diagnosed with chronic pain.

Mr Seery added:

The pain never went away. 

"There is no rhyme or reason to why pain strikes or eases off. I have been told this is the way it is going to be,” he added.

The court heard sensor lighting has since been installed at the depot bay area.

Mark Seery (aged 51) Cloonlara Drive, Finglas, Co Dublin had sued Bus Eireann over the accident at around 3.45am on April 24, 2016, at Broadstone bus garage.

He had claimed there was an alleged failure to provide and maintain any or any adequate lighting in the area of the metal bar and the presence of the metal bar was hidden by the shadows cast by adjacent buses in the bay.

He further claimed there was an alleged failure to have adequate illumination.

Bus Eireann denied the claims and contended there was alleged contributory negligence on the part of Mr Seery and that he allegedly did not keep adequate or sufficient lookout.

In his judgement, Mr Justice Cross said it was likely the pain for Mr Seery will continue for the considerable number of years left to him.

Saying Mr Seery could not be faulted for contributory negligence, Mr Justice Cross said the system in place required him to work essentially in the dark. “He was going about his task to get another bus. I don’t believe he can be faulted for contributory negligence,” the judge added.

The total award of €69,725 included over €24,000 in special damages.