A €38,000 damages claim by an electrician was dismissed yesterday by a judge who said a 17-year delay in bringing it to court was inexcusable.
Denis Flanagan walked from the Circuit Civil Court without a penny compensation - and a legal costs bill approaching €15,000.
Mr Flanagan (63), of Watermeadow Park, Tallaght, Co Dublin, had sued Dublin Bus for damages arising out of a traffic incident on May 9th, 1991. Judge Jacqueline Linnane heard Mr Flanagan actually believed his claim was worth more than the €38,000 jurisdiction of the Circuit Court, and had asked that it be remitted to the High Court where compensation levels are limitless.
Clodagh Gleeson, counsel for Dublin Bus, told the court that Mr Flanagan had only now increased his claim to include psychological injuries. She said Dublin Bus was not only opposed to the claim going before the High Court, but was asking that it be struck out for want of prosecution due to inordinate delay.
Judge Linnane said Mr Flanagan had taken out proceedings in March 1994 only two months before it would have become statute barred.
He had blamed, among other things, the tardiness of the solicitor he had initially retained to deal with the case, and had changed solicitors in 1998.
She said Mr Flanagan had since 1991 been involved in two other incidents, one having been settled for €7,500 in August 1999 and the other settled for €15,000 in December 2004.
Arising out of the 1991 incident, involving a collision between a bus and Mr Flanagan's car, Dublin Bus had entered a counter-claim which it had long since abandoned.
Judge Linnane said she considered the delay in prosecuting the claim had been inordinate, and was also satisfied the delay had been inexcusable.
She could not see how witnesses could recall 17 years later what had happened on the day of the incident, and it would be unfair to ask Dublin Bus to defend the case at this late juncture.