A homeless man who suffered catastrophic injuries and has been left paralysed from the waist down after falling under a bus in Dublin city centre has settled his High Court action for €2 million.
Michael Carroll, his counsel told the court, had been homeless for 15 years at the time of the accident in October 2014. Mr Carroll, who now has paraplegia, has to use a wheelchair and needs full-time care.
Richard Lyons SC, with Niall O’Neill BL, told the High Court it was a tragic accident, where the man had been about to board the bus and the doors closed and the bus drove off. Mr Carroll, who was near the side wheel, fell under the bus and suffered catastrophic injuries, Counsel said.
Liability
Counsel said liability was an issue in the case and the matter had been settled on the basis of an apportionment of 75 per cent liability to Dublin Bus and 25 per cent to Mr Carroll. Counsel told the court Mr Carroll who had a chronic history of alcoholism was intoxicated at the time of the accident in Dublin’s Liberties, and he could not remember anything about it.
Mr Lyons said, as Mr Carroll was recovering after surgery in hospital, and as he awaited his transfer to the National Rehabilitation Hospital, a relative who saw him recognised him. Counsel said previously Mr Carroll who was one of seven children had become estranged from his family, but he has since reunited with his sister, and he lived with her for a time after the accident, but moved to a nursing home last year.
Michael Carroll (59) with an address in Finglas, Dublin had sued Dublin Bus over the accident on October 23rd, 2014 at a bus stop on James’s St/Thomas St, Dublin.
It was claimed Mr Carroll was attempting to get on a bus when the doors closed, and the bus drove away allegedly causing him to fall under the bus. It was further claimed there was an alleged failure to ensure it was safe to drive away from the bus stop when Mr Carroll was too close to the bus.
Claims denied
It was also claimed there was an alleged failure to stop the bus when Mr Carroll was falling against it as it moved off. It was further alleged the bus was driven away from the bus stop without alleged due care and attention and there was an alleged failure to keep any proper or any adequate lookout.
The claims were denied and Dublin Bus said the bus driver did not drive away from the bus stop when Mr Carroll was at its doors. It contended Mr Carroll had stumbled after the bus had begun to move and the driver of the bus did not close its doors as Mr Carroll was attempting to get on.
The driver of the bus it said did stop when it became aware Mr Carroll had fallen against the bus. Dublin Bus further claimed there was contributory negligence on the part of Mr Carroll who it alleged failed to take any or any adequate or reasonable care for his safety.
It was further alleged he stumbled against the bus without making any attempt to get on in the moments prior and before the bus moved off.
Approving the settlement Mr Justice Kevin Cross said it was a reasonable one.
