PATRICK HEALY V KAY O'DONNELL & ULSTERBUS LTD

Londonderry District Court
3 April 2003
Judge Keegan

This action was contested at Londonderry District Court. Campbell Fitzpatrick were acting on behalf of both Defendants.

The Plaintiff was a passenger in an Ulsterbus which he alleged was struck on the rear by a car driven by the First Defendant.

The Plaintiff claimed that he was jolted forward when the bus and the first defendant's vehicle made contact. He alleged that the bus driver had moved off. This resulted in bruising to his collarbone. He also claimed that he suffered subsequent pain in his lower back and in his neck and chest.

The bus driver stated that the bus was stationery at the time of the collision and that there was only minor damage to both the car and bus.

Judge Keegan decided to dismiss the case based on the Plaintiff's evidence. He indicated that he was of the view that the bus was stationery at the time of the accident and he found the Plaintiff's evidence to be contradictory with regard to the injuries he allegedly sustained.

An order for costs was made. The Plaintiff was legally aided.