Judge dismisses €60,000 claim by man who alleged he was thrown from Dublin Bus during fare dispute

A man who claimed he was thrown backwards out of a bus in a fare dispute has lost a €60,000 damages claim for personal injuries against Dublin Bus.

Judge James O’Donohue said in the Circuit Civil Court that Pawel Szewczyk had made a nuisance of himself over fares and must have stumbled and fallen out of the bus while engaged in a dispute with driver Sergiu Rui.

Barrister Jeri Ward, who appeared with CIE solicitor Orla Ryan for Dublin Bus, told Mr Szewczyk she would call evidence that he smelled of alcohol and was unsteady on his feet while arguing with the driver. She told the court that Mr Szewczyk, of Leinster House, Main Street, Rush, Co Dublin, had been involved in disputes with a number of drivers and had spat twice on one of them during one incident.

Ms Ward said the driver did not leave his security compartment and would not have been able to shove Mr Szewczyk down steps at the entrance door as alleged.

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Mr Szewczyk claimed he was asked to pay a fare of €3.30 when he knew it should have been €2.80 and that when he disputed this, the driver argued with him before stepping out of his seat and pushing him off the bus. He claimed he fell onto the footpath and injured his right arm, wrist, elbow, shoulder and neck. He told Ms Ward he was previously awarded €18,000 for injuries suffered in a road traffic accident.

Accommodate

Mr Rui said he and other drivers used to accommodate Mr Szewczyk when he was short a few cents but he had told him he was not going to do him any more favours after learning he had spat on a bus driver colleague.

The court heard he at no time left his driver’s compartment and could not have reached out to push Mr Szewczyk off the bus. He said he saw Mr Szewczyk become unsteady and fall out the door and drove off after seeing him get up off the footpath.

Judge O’Donohue said it had been difficult to accept that Mr Szewczyk had not called gardaí or instituted criminal proceedings against the driver. His solicitor had not written to Dublin Bus until five months after the incident, during which time he had already instructed another firm of solicitors.

“Relations between this driver and Mr Szewczyk were not good and he made a nuisance of himself with a number of drivers,” Judge O’Donohoe said when throwing out the €60,000 claim and awarding costs against him.