An urge-incontinence sufferer, who claimed he had been humiliated when he wet himself on a bus, has settled a €38,000 damages claim against CIÉ for an undisclosed sum.
Mustafa Abougnah (45), Poddle Close, Kimmage, Dublin, claimed in the Circuit Civil Court yesterday that a Bus Éireann driver had several times refused to wait for him at stops on the Dublin-Cavan route to allow him to go to the toilet.
He alleged he had told the driver about his illness before setting out from Busáras, Dublin, in October 2003, but that she had refused him time to use the toilet at Busáras and later refused to wait at stops along the route.
After twice seeking an accommodation at stops, he had been told to return to his seat and shut up. Following a third request, she stopped at the roadside beside a wide open field and had said to him: "There you go." She had sniggered and had said "go on".
Due to pouring rain and the fact that everyone on the bus would have seen him if he had attempted to go to the toilet, Mr Abougnah claimed he had refused and had told the driver he would wait until she had come to a scheduled stop.
Unfortunately, due to his medical condition he wet himself and the seat. As he had disembarked in a distressed condition the driver refused to give her name and told him she would call the gardaí.
Mr Justice Esmond Smyth told counsel for CIÉ he felt it was a case that would benefit from inter-party talks and following an adjournment, he was told the case had been settled.