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High Court finds for the plaintiff in personal injuries claim, holding that: (a) the defendant acted in breach of its duty of care to the plaintiff where a bus driver had not been driving with reasonable care, and the requirement to bring the bus to a sudden halt arose out of a wholly avoidable emergency of the defendant’s own making when the plaintiff was seated, with no contributory negligence alleged against her; (b) it was the accepted medical evidence that, due to a predisposition, the plaintiff had suffered a severe injury from a relatively innocuous incident; and (c) the plaintiff was entitled to €125,000 in general damages together with agreed special damages of €1,550.
Personal injuries - alleged by plaintiff that, as a result of the bus driver’s negligence, bus had to brake very suddenly to avoid collision and was cause of her back injury - accepted by defendant that heavier than normal braking was applied to prevent accident but that plaintiff could not have sustained an injury as a result - no other passenger injured - plaintiff's evidence that bus driver was not looking at the road but was counting coins from change-dispensing machine - CCTV evidence - expert engineering evidence - plaintiff made voluntary discovery of medical records - pre-existing degenerative condition rendering plaintiff more vulnerable to injury - agreement by both medical experts that however non-violent the initial jolting or jerking movement when the bus driver braked, it was in all likelihood triggering event for plaintiff’s injuries - whether there was negligence on the part of the bus driver - quantum of damages.
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