Bus driver sues for whiplash injury..suffered in 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.