Posted: August 21st, 2016
A judge in Dublin’s High Court has dismissed any allegations that a courier, who was injured when knocked down by a taxi whilst on a delivery, was at fault for his injury.
The courier, Rotimi Omotayo, was injured in March 2015 when delivery to a location off the Custom House Quay. Rotimi was cycling between lanes when a taxi, driven by Kenneth Griffin, quickly pulled out from a lane on the carriageway. Rotimi was hit by the taxi and fell to the ground.
Rotimi was incredibly fortunate in that he did not sustain any sever injuries as a result of the fall, and he returned to work relatively quickly after the accident occurred. Upon making an application for assessment to the Injuries Board, Rotimi learned that he was being accused of negligence leading to his own injuries. As such, the Injuries Board refused to assess his case. The courier was still issued with authorisation to pursue his claim through the High Court, where it was overseen by Mr Justice Bernard Barton earlier this month.
The court heard evidence from a variety of witnesses supporting both opposing parties. Before awarding compensation, the court needed to assess whether or not Rotimi was guilty of contributory negligence by breaching Road Traffic Regulations.
However, Judge Barton ruled that Rotimi was not breaching regulations. As he was crossing to the “river side” of the quay, he was entitled to be in the outside lane before turning. All allegations of contributory negligence were dismissed.
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the courts when he said that he would not use the Book of Quantum in determining the settlement as it was “hopelessly out of date and of little assistance”.
Instead, the principles of Tort Law was applied and Rotimi was awarded €30,000 in general damages for his injuries. The courier did not receive any special damages as Judge Barton ruled that the claim lacked evidence, though Rotimi was compensated for his legal costs.