A disabled GAA fan who alleges he was the victim of a "nightmare" train ride to a hurling match, has welcomed a judge's ruling which allows him to proceed with his action against Iarnród Éireann under the Equal Status Act.
Darren Lyng (27) claims the rail company failed to provide him with "reasonable accommodation" on a trip to Cork to support his team, Kilkenny. He alleges Iarnród Éireann treated him unlawfully on the grounds of his disability which forces him to use an electrically operated wheelchair to get around.
Mr Lyng, Ashford Street, Oxmanstown Road, Dublin, brought an action against the company through the Equality Tribunal under the Equal Status Act. If successful he will obtain "confirmation of his complaint" and compensation to a maximum of €6,000. Iarnród Éireann yesterday failed in an appeal against a decision of the Director of Equality Investigations allowing Mr Lyng a time extension to prosecute his claim.
The rail company submitted he was prevented from claiming on the grounds of delay but Judge Jacqueline Linnane in the Circuit Civil Court told Mr Lyng's counsel, Eddie Nolan, that his incapacity constituted "reasonable cause" in the delay and dismissed the company's appeal with costs.
Earlier Mr Lyng had outlined how the rail company had assured him before a rail journey on March 10th, 2005, from Dublin to Cork that the train was wheelchair accessible. He had no problem getting his chair on to the train but found doorways too narrow, blocking his access to the dining car where he could park his wheelchair.
His personal assistant Pauline Brown and friend Paddy Burtchaell had to dismantle the chair by removing both arms and control panel and footrests. It had taken him an hour to get to the dining car in his semi-dismantled chair.