Lawless v Bus Éireann

• Jurisdiction: Ireland
• Judge: O'Flaherty J.
• Judgment Date: 08 February 1994
• Neutral Citation: 1994 WJSC-SC 1192
• Court: Supreme Court
• Docket Number: 165/92,[S.C. No.165 of 1992]
• Date: 08 February 1994

1994 WJSC-SC 1192

THE SUPREME COURT

Finlay C.J.

O'Flaherty J.

Denham J.

165/92

LAWLESS v. BUS EIREANN

PAULINE LAWLESS

Plaintiff/Respondent

AND

BUS EIREANN - IRISH BUS AND DOMINICCONLON

Defendants/Appellants

Citations:

REAMSBOTTOM V RAFTERY 1991 1 IR 531

DONOHOE V BROWNE 1986 IR 90

BROWNELL V BUS EIREANN UNREP SMITH 18.12.90

SHAW V SLOAN 1982 NI 393

GLEESON V J WIPPELL & CO lTD 1977 1 WLR 510

Synopsis:

ACTION

Issues

Estoppel - Vehicles - Collision - Damage - First action by passenger against present defendant and against husband of present plaintiff - Present defendant exonerated and husband of present plaintiff held solely responsible - Present action by plaintiff against defendant claiming damages for death of husband - Plaintiff not a party or privy to party in first action - Plaintiff not estopped from claiming damages against defendant - (165/92 - Supreme Court - 8/2/94) - [1994] 1 I.R. 474

|Lawless v. Bus Eireann|

EVIDENCE

Estoppel

Issues - ~Res judicata~ - Vehicles - Collision - Damage - First action by passenger against present defendant and against husband of present plaintiff - Present defendant exonerated and husband of present plaintiff held solely responsible - Present action by plaintiff against defendant claiming damages for death of husband - Plaintiff not a party or privy to party in first action - Plaintiff not estopped from claiming damages against defendant - (165/92 - Supreme Court - 8/2/94) - [1994] 1 I.R. 474

|Lawless v. Bus Eireann|

NEGLIGENCE

Motorist

Action - Issues - Estoppel - Vehicles - Collision - Damage - Death of plaintiff's husband - Collision between plaintiff's husband's vehicle and defendant's vehicle - Passenger's action against both vehicle owners - Issues of liabilities decided in that action - Present action by plaintiff against defendant claiming damages for death of husband - Plaintiff not a party or privy to party in first action - Plaintiff not estopped from claiming damages against defendant - (165/92 - Supreme Court - 8/2/94) - [1994] 1 I.R. 474

|Lawless v. Bus Eireann|

1 Judgment of O'Flaherty J.delivered on the8th day of February, 1994. [NEM DISS]

2 The plaintiff is the widow of Harry Lawless and she brings this action against the defendants for the death of her husband on her own behalf and on behalf, of the statutory dependants of the deceased, who number eight, and include two infant children.

3 In the statement of claim delivered on her behalf on the 1st December,1988 it is pleaded that as a result of a collision between the defendants' motor bus and a motor van then being driven by the deceased on the 19th December, 1987, the deceased sustained injuries which caused his death and that his death was caused as a result of the negligence, breach of duty and breach of statutory duty of the defendants, their servants or agents in the driving, management, care and control of the motor bus.

4 A passenger in the motor bus, Edward Brownell, brought an action against Bus Eireann and in which he also joined one Paul Brady as defendant for injuries that he sustained in the collision. Mr. Brady was simply a nominee of the deceased's insurance company since representation had not been raised to his estate at the time that Mr. Brownell was about to bring his proceedings.

5 The matter was decided in the Circuit Court by his Honour Judge Smith on the 18th December, 1990 when he held both sides had been negligent and approtioned fault as to 70 against the deceased and 30 against thepresentdefendants. On appeal it was decided by the High Court (Barr J.) on the 5th March, 1991 that the appeal of Bus Eireann should be allowed and that judgment should be entered solely against Mr. Brady.

6 Thereafter, on the 2nd December, 1991, the defendants delivered an amended defence in which the following plea was contained:

7 The plaintiff is estopped from prosecuting and maintaining the within proceedings...