The High Court has ruled that, because a Dublin Bus driver did not know he was suffering from an illness which caused him to suffer a complete blackout, he cannot be held responsible for an accident in which the bus he was driving mounted a footpath and struck a couple, causing them serious injuries.
Mr Justice Frank Clarke said his finding had left the injured couple, and others like them, in a most unfortunate situation where they were deprived of appropriate compensation for injuries sustained through no fault of their own. He said a change in the relevant law was a matter for the Oireachtas.
He made the comment when dismissing the action for damages brought by Michael and Kathleen Counihan of Seafield Close, Blackrock, Co Dublin, who suffered severe injuries, loss and damage as a result of the accident on May 14th, 2000.
The couple said they sustained the injuries when a bus being driven by Arthur Ebbs back to Dublin city from Co Wicklow crossed several lanes on the Stillorgan dual carriageway and mounted the footpath where the couple were walking.
Mr Justice Clarke said that, because Mr Ebbs was suffering from sick sinus syndrome unknown to himself and had suffered a complete blackout, he could not be held to be responsible for the accident.