Bus driver sues for whiplash injury..suffered in canteen
Lothian Buses is being sued in two separate cases
A BUS driver is suing Lothian Buses for £75,000 in compensation after suffering a whiplash injury – in the works canteen.
Robert Young claims he was left suffering from chronic back pain requiring physiotherapy and steroid injections after a chair he was sitting on collapsed during his tea-break.
The 54-year-old, from Preston Terrace in Prestonpans, East Lothian, has launched a legal action at the Court of Session in Edinburgh for compensation.
According to the documents, Mr Young said he had been enjoying his break at the depot canteen on May 6, 2010 when a combined table and chair unit he was sitting at “shot backwards”, leaving him and a colleague to fall on the concrete floor.
His lawyers said their client had suffered soft tissue injuries to the left elbow and right thigh, chronic lower back pain, and a “whiplash-style” injury to his spine. They added that he now suffered from psychological problems, including “occasional suicidal ideation”, low mood, concentration disturbance and depression.
Mr Young was absent from work until July 19, 2010, then off again from July 23 until October 4 that year, and had been unable to complete full shifts as a driver as a result.
However, lawyers for Lothian Buses have told the court that Mr Young had a “poor attendance record” prior to the accident while he also had pre-existing back pain as well as being “chronically obese and a non-insulin dependent diabetic”.
They added that Mr Young had returned to work in October 2010 and “worked normally without reporting difficulties and built up to full shifts”.
Mr Young declined to comment on the case yesterday, while Ian Craig, managing director of Lothian Buses, said it was company policy “not to comment on legal matters”.
In a separate case, passenger George Fyall, 62, has launched a legal action against Lothian Buses for negligence after allegedly being injured when a number 14 bus travelling along North Bridge towards Princes Street braked suddenly.
Lawyers for Lothian Buses have already admitted liability for the accident, which left Mr Fyall suffering from a fractured finger and a damaged left hand, as he bids for £50,000 in damages.
Lawyers for Mr Fyall told the Court of Session in Edinburgh that their client had been a passenger on the top deck of a Lothian bus, driven by William Brown, on November 19, 2010.
As he walked to the front of the deck to get off, Mr Fyall, from Kirkcaldy, said the driver “slammed on the brakes” and he was thrown forward.
The legal actions come after 38-year-old Dongmin Yan, who lives in Gorgie, won her fight for damages from Lothian Buses last year after her bike was struck by the number 21 bus at a busy Crewe Toll roundabout in November 2008.
The Chinese Edinburgh University, who sued for £500,000 after spending six months in hospital recovering from the crash, was awarded an undisclosed amount from the firm.
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Thursday 23 February 2012
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Comments
There are 26 comments to this article
Page 1 of 2
Alternative (High Octane) Fuel Head
Friday, January 20, 2012 at 01:39 PM"pain as well as being “chronically obese....." Well there you go then... Fat kn@cker sits in chair that wasn't designed to take his weight and breaks it. The court should order him to pay for the chair and then order him to embark on a fitness and weight loss program. And if what #21 says about him is true then he should be prosecuted for fraud into th e bargain. And as a passing thought, lethargy, depression and psychological problems can all be symptoms of being grossly overweight.
Dave scotland
Sunday, January 8, 2012 at 10:52 PMSome people just love having an accident. Then it,s sue sue sue. All he done was fall on his ass. Soft tissue injury Ha Ha.
Real Edinburgh Bus Driver
Friday, January 6, 2012 at 04:56 PMi know the driver is very fat. and lazy. plus also not very well liked despite what he thinks. He`ll be with 1st bus soon enough
jambo64
Friday, January 6, 2012 at 12:05 PMHow can you tell if this guy is fat or not? quite possible that the chair he was in might have been too weak to take the weight of him, or the chir might have had a disability its self by having three legs NEXT STOP, THE PYSIOTHERAPY UNIT ON TO DOLE OFFICE DING DING
runaway
Friday, January 6, 2012 at 11:10 AMThis guy sounds like he served his time with Rover in Birmingham, remember "This tea's a bit cold today what do you think"...........Everybody out......
Real Edinburgh Bus Driver
Friday, January 6, 2012 at 01:43 AMwow all u ppl must have met MR young as the descriptions are all spot on.. he has been seen lugging furniture and large televisions around too since his accident plus he had a previous claim for a gammy arm. he gives us a bad name
Snoopy1
Friday, January 6, 2012 at 01:19 AMI suffer wiplash every time i use a Lothian bus,the driver's have tendencey to be a bit heavy footed with there air-brakes due to them going a bit to fast,when they are approaching a bus stop,so next time i will have to have a word with my lawyer's to submit a claim against the bus company. And as far as the driver in the canteen,was he playing cards at the time ?,what he needs for his problems is a good kick up the "Kyber Pass".
Tartancult
Thursday, January 5, 2012 at 11:55 PMYou have it all wrong Eldee, most Scots can't function because - according to some idiotic posters - Margaret Thatcher took away their ability to work. This man can't work because someone removed his ability to sit.
ELDee
Thursday, January 5, 2012 at 10:38 PMWhat was Ruth Davidson saying again?
keekibump
Thursday, January 5, 2012 at 08:35 PMunreal probably would sue golden wonder for cracking his wrist while opening another pack of crisps
Phil C
Thursday, January 5, 2012 at 07:36 PM"The lawyers added that he now suffered from psychological problems, including “occasional suicidal ideation”, low mood, concentration disturbance and depression."............. I can understand someone coming back from the World War One trenches feeling a bit down, but falling off a chair!! We don't make 'em like we used to. The guy should be awarded zero, pay for any court time and get back to work or be dismissed. As for the guy who couldn't do a hand job for a couple of weeks..........!!?***#!#!!..!
Accept No Nonsense
Thursday, January 5, 2012 at 07:22 PM#12 Are you drunk or just stupid? That garbage you have placed here is simply moronic nonsense. Bus driver I bet, so it fits your bill. As for the driver that is staking this claim. Maybe if he got the lard off his a$$ he would not have broken the chair. Lazy people bus drivers. Comes from sitting on your a$$ all day doing not too much..
Sally Longlegs
Thursday, January 5, 2012 at 06:07 PMFat greedy moneygrabbing barsteward.
Tartancult
Thursday, January 5, 2012 at 05:25 PMThat was a splendid post, #12 - can you redo it - but in English this time?
hootsmon7
Thursday, January 5, 2012 at 02:58 PM#13 ermmmmmm the buses are automatics so no clutch, get facts 1st b4 opening mouth.#4 perfectly put. if people had a bit sense then when in the city centre especially ring the bell, sit where you are until the bus stops...there ya go no flying without wings! it abundantly clear that there are moronic idiots out there either cycling ( the worst!) and pedestrians who think they can rule the road when they feel like it, what do you expect a bus driver to do? run them over? its natural instinct to brake should a hazard present itself and as for a chair giving way???? bad time keeper,previous back pain. does this sound like a false claim? hope you enjoy driving the desk at the dole office.
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