A worker managing traffic had his foot crushed by a bus while he was on duty directing traffic at a construction site, the High Court was informed. Damien O’Donoghue, from Shanbally, Cappoquin, in County Waterford, lodged a lawsuit against his employer, Total Highway Maintenance Ltd (THM), and Dublin Bus after the incident on Kilmore Road, Dublin, on November 15, 2015.
O’Donoghue alleges that THM was negligent and failed in their duty to provide a safe workspace in accordance with the 2005 Safety, Health and Welfare at Work Act. He further contends that the driver of the Dublin Bus was reckless, failing to maintain a proper watch and handled the vehicle in a careless or hazardous manner.
THM and Dublin Bus have dismissed these claims. THM’s argument is that the bus was speeding while passing through the construction site. Dublin Bus’ defence includes allegations of O’Donoghue’s contributory negligence.
The court was made aware of O’Donoghue’s significant foot injuries which required a hospital stay of ten days. He had his foot in a cast until January 4th, 2016. Mr O’Donoghue previously worked as a general operative before he received three days of traffic management training and started his role at the roadworks site on Kilmore Road.
On the day of the accident, O’Donoghue’s responsibility was to operate a stop/go sign attached to a cone next to a large, concrete highway divider. The bus hit the cone and consequently ran over his the foot, which was protected by safety boots, but they were squashed by the accident.
Representing Dublin Bus, legal practitioner Gerard O’Herlihy suggested that the mishap was due to the limited space for O’Donoghue which led to an unsafe situation for both, the traffic worker and the bus driver. Mr O’Herlihy added that, at the time of the accident, O’Donoghue was sat on the concrete divider. He questioned the safety of this decision, suggesting O’Donoghue’s decision to cross the divider to use the stop/go sign contributed to the accident. According to him, every party had a role in causing the incident.
Michael Counihan SC, who represented Mr O’Donoghue, stated that during the incident, there was no fault found with his client’s performance by the employer. According to him, at most, it could have been an oversight on Mr O’Donoghue’s part, but this did not amount to contributory negligence. He insisted that there was no indication pointing to anything other than his client abiding by the employer’s guidelines.
Philip Sheahan SC, representing THM, stated that the sole reason for the mishap was the bus manoeuvring through the traffic management system with excessive speed, unbecoming of the existing conditions. Mr O’Donoghue’s tasks were in line with a traffic management plan that had been effectively functioning for weeks before the unfortunate incident, he mentioned.
Mr Justice Micheál P O’Higgins decided to suspend his decision.