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Contributory Negligence Dismissed in Courier Road Injury

Posted: August 23rd, 2016

A courier, who was injured in an accident involving a taxi, has received a full five-figure settlement of compensation after a judge ruled that he was not negligent in his actions.

The road accident occurred in March 2015 as Rotimi Omotayo, a bicycle courier, was carrying out a delivery on the Custom House Quay. As he was cycling, a taxi – driven by Kenneth Griffin – pulled out from a lane and knocked Rotimi to the ground.

Fortunately, Rotimi was not previously injured by the accident and was able to return to work a few weeks later. However, after making a claim for compensation to the Injuries Board Ireland, the case was dismissed as Rotimi was believed to have contributed to his injuries. However, the Injuries Board did issue authorisation for the claim to be pursued in the courts. Consequently, a hearing was held at Dublin’s High Court earlier this month, overseen by Mr Justice Bernard Barton.

At the hearing, statements were heard supporting both parties. The court hoped to determine whether or not Rotimi was at fault for his injuries through breaching the Road Traffic Regulations.

Yet, once all testimonies were presented, and it was discovered that by needing to deliver to the “river side” of the quay Rotimi was entitled to cycle in the outside lane before turning. The judge proceeded to dismiss any allegations that the courier was negligent and ruled in his favour.

Judge Barton also commented on a contemporary issue in the courts when he said that he would not use the Book of Quantum in determining the settlement as it was “hopelessly out of date and of little assistance”.

Tort Law was instead applied and Rotimi was awarded €30,000 in general damages for his injuries. However, Judge Barton ruled that there was insufficient evidence to support the loss of income claim and discarded the special damages claim. Rotimi, however, was still compensated for his legal costs.

Categories: Road Traffic Accidents, Taxi Accidents

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