A BUS driver who suffered “disastrous consequences” after she fell on a stairwell at the Donnybrook bus depot in Dublin has been awarded €553,000 damages by the High Court.
Susan Conaty (52), South Quay, Arklow, had sued Dublin Bus, over injuries suffered after her fall on December 29th, 2003. The court was told she tried to return to work afterwards but had to retire in 2006 because of her injuries.
Mr Justice Iarfhlaith O’Neill found Ms Conaty was incapable of returning to work as a bus driver because of the incident which, he found, had “changed her whole life”.
During the five-day case, Declan Doyle SC, for Ms Conaty, said she had returned to the Donnybrook bus depot for her break. While going up the stairs of the depot, she slipped and fell on the stairwell and sustained severe injuries, he said.
Mr Justice O’Neill said yesterday he was impressed by Ms Conaty’s truthfulness and described her evidence as accurate. He said she had fallen eight to 10 steps and landed upside down.
He said some liquid was found on the landing because of an unsafe practice of allowing liquid to be carried from the depot canteen on to the steps and landing area over a notoriously slippy vinyl surface.
He ruled Dublin Bus had failed to discharge its duty to provide Ms Conaty with a safe place of employment and was satisfied there was no contributory negligence on her part. Ms Conaty had been speaking to her son on her mobile phone at the time, through an attachment to the phone in her handbag, but he did not find this was contributory negligence.
If he did, a significant part of life in Ireland would have to come to an end, he added.
Mr Justice O’Neill said Ms Conaty had undergone surgery and had to take vast amounts of medication for pain relief. She already had pre-existing degenerative changes in her cervical spine.