Family of motorcyclist killed in collision with bus settles case for €425,000 – The Irish Times

The family of a motorcyclist who died in a collision with a bus in Dublin city has settled a High Court action for €425,000.

The court heard Keith McGann (38) may have been travelling at about 75km/h in a 50km/h zone on his motorbike when the incident happened as a Dublin Bus vehicle turned right into the Broadstone garage near Phibsborough.

The family’s senior counsel, Paul Flannery, instructed by John F Kelleher solicitor, told the court liability for the October 2014 collision was agreed at two thirds in favour of the McGann side and one third in favour of Dublin Bus.

Cynthia McGann, of Dunboyne, Co Meath, sued Dublin Bus over the death of her husband, a father of three, in the October 19th, 2014 incident.

McGann had been driving his motorbike at 11.30pm along Constitution Hill in the direction of Phibsborough. The case alleged the bus, without warning, executed a right-hand turn into Broadstone across his path. McGann was later pronounced dead in hospital.

It was claimed in the proceedings that there was a failure to give right of way to the motorbike and a failure to see McGann’s bike in time. It was further claimed there was a failure to adequately look out and to have proper regard for the presence and position, or likely presence or position, of other road users.

The claims were denied.

Noting the settlement, Judge Paul Coffey expressed his sympathy to the McGann family on their loss.

The bus driver was fined €500 in 2019 after pleading guilty to careless driving in relation to the collision. Olusola Omobamidele’s driving did not cause McGann’s death, and he could not be sentenced as if that was the case, Judge Martin Nolan told the dead man’s family at Dublin Circuit Criminal Court.

He said Omobamidele had admitted to careless driving “simpliciter”, which meant his driving did not cause the death.

Omobamidele (51), of The Village, Porterstown, Dublin, pleaded guilty to one count of driving a bus without due care and attention at Constitution Hill in Dublin on October 19th, 2014. Nolan accepted Omobamidele was profoundly affected by the motorcyclist’s death.