Award of €121,493 for woman injured on bus

A YOUNG woman who suffered serious injuries when she was thrown from her seat on a bus and “bounced repeatedly” due to the bus being driven at excessive speed over a ramp in the grounds of a Dublin hospital has been awarded €121,493 damages at the High Court.

Ciara Whelan, a business student, now aged 23, of Drumcondra, had sued Dublin Bus over the incident which occurred on April 4th, 2006, while she was on a bus being driven through the grounds of the Connolly Hospital Blanchardstown.

Dublin Bus had admitted the injuries suffered by Ms Whelan were caused by its negligence and that Ms Whelan had not contributed to her injuries and their consequences, Mr Justice John Quirke noted. The case was before the court only to assess damages for the admitted negligence. The judge noted Ms Whelan felt immediate severe pain when her head struck the ceiling of the bus and she was propelled onto an adjacent seat. She was unable to catch her breath or speak. Another passenger alerted the driver who stopped the bus and Ms Whelan was taken by ambulance to the emergency department of the nearby hospital.

She was treated for a crush fracture of the lumbar vertebra and detained in hospital for eight days during which she was transferred to another hospital and fitted with an orthopaedic brace, which she had to wear for more than three months.

In evidence, she said she continued to have pain which was treated with anti-inflammatory medication and also required physiotherapy. She was found to be recovering well from her injuries but still had back pain.

Based on the medical evidence, the judge said he believed it was unlikely Ms Whelan would choose or be offered surgery for her significant spinal injury.

However, it was established she suffered a very serious injury which would cause her continuing pain and restriction into the future and possibly for the rest of her life.