O'Brien -v-Bus Eireann (Approved)

1.������ The plaintiff was and is employed by the defendant as a bus driver. He claims damages arising from an assault on him by an unidentified assailant during his employment on the evening of 6 April 2018. For the reasons set out below, I find in favour of the plaintiff with contributory negligence of 15%.

2.������ CCTV footage of the assault showed the assailant got onto the bus at a stop close to the terminus in Mayfield, stabbed the plaintiff with a syringe, and grabbed the bag of money close to the plaintiff in his driver�s cab. The assailant was able to get access to the plaintiff because the screen between the passenger and the driver�s cab was in the upright position.

3.������ The screen is a safety screen intended to protect the driver from assault. Had the screen been closed down and locked by the plaintiff, it is unlikely that the assault would have occurred. It is clear that the plaintiff did not have enough time to close the screen as the assault took place very quickly.

4.������ The plaintiff�s undisputed evidence was that he always drove the bus with the screen up as it was very difficult (though not impossible) to hear passengers when the screen was down, even though there are holes in the screen to enable communication when it is down. He had been shown at his training how to put the screen up and down and was told that that it was there for his safety. Whilst all parties agreed there was some discussion during training about the risk of assault, no evidence was proffered by the defendant to challenge the plaintiff�s case that:-

(3)���� he was never advised, whether at training or throughout his employment, to put the screen down at certain times of the day or in particular locations;