Schoolgirl gets €5,000 for slander and assault on Luas

Mr. Loverman · 27-10-2010 01:18PM #1

http://www.irishtimes.com/newspaper/ireland/2010/1027/1224282072322.html

In summary:

A 15 year old girl from council flats in Dublin tries to get on a Luas tram but is blocked by Luas security as they do not believe she has a ticket.

The girl says this caused her distress for some amount of time after the incident.

The girl was unable to provide any evidence (apart from her word) that she had a ticket in court.

She gets paid €5,000.

EH WTF?!

mikemac · 27-10-2010 01:19PM

Can you copy and paste the article?

Irish Times is a subscription site

Mr. Loverman · 27-10-2010 01:20PM

feelingstressed wrote: »

Can you copy and paste the article?

Irish Times is a subscription site

Welcome to 2010. Irish Times has been free for years now.

Cookie_Monster · 27-10-2010 01:20PM

what the hell, that's ridiculous :mad:

mikemac · 27-10-2010 01:21PM

I'm doing something wrong so, it's asking me to pay a subscription fee

Not fair

Mr. Loverman · 27-10-2010 01:22PM

feelingstressed wrote: »

I'm doing something wrong so, it's asking me to pay a subscription fee

Not fair

Holy **** you're right. For some reason if you click on the link it wants you to pay.

Just go to irishtimes.com and in the Ireland section (in the "courts" part) you'll see the story.

mikemac · 27-10-2010 01:24PM

That's because you have the incorrect link, silly

http://www.irishtimes.com/newspaper/ireland/2010/1027/1224282072322.html

A SCHOOLGIRL who was restrained from boarding the Luas in Dublin despite having a ticket has been awarded €5,000 damages for slander and assault.

Barrister Fiona Pekaar told the Circuit Civil Court that Shauna Dowdall in 2008 (then 15) had bought a ticket to the city centre at the Fatima stop near her home in St Theresa’s Gardens, Dublin.

She had travelled on the Luas to the Museum stop where she had got off, midway in her journey, to meet a friend. As they had attempted to board the tram, she had been pushed back on to the platform on the basis she did not have a valid ticket.

Ms Pekaar told Circuit Court president Mr Justice Matthew Deery that Shauna, who is now 17, had felt embarrassment and distress for some time after the incident at what had happened.

She said Shauna had a valid ticket and it had been her intention to continue into town with her friend. She had stepped off the tram at the Museum to meet her friend but had been prevented from boarding again.

Ms Pekaar said that unfortunately Shauna had not retained her ticket and the evidence would be confined to that of herself and her friend.

She said the defendants which operate the Luas, Veolia Transport Ireland Ltd, had offered €5,000 damages to Shauna and she was recommending that the court approve of the offer. Mr Justice Deery approved the settlement and directed the money be paid into court until Shauna’s 18th birthday next July.

gurramok · 27-10-2010 01:24PM

The link jumps to the archive section which is subscription.

If the article is correct, it just shows the compo culture that exists and how out of touch judges are rewarding in cases like these.

Mr. Loverman · 27-10-2010 01:25PM

feelingstressed wrote: »

That's because you have the incorrect link, silly

http://www.irishtimes.com/newspaper/ireland/2010/1027/1224282072322.html

Did you just call me silly?!

I'm taking you to court!

Snakeblood · 27-10-2010 01:26PM

She got pushed by people who had no right to push her, and from the article, it doesn't say they even asked for her ticket.. I don't really see the problem.

Cookie_Monster · 27-10-2010 01:27PM

why does the article say she had a ticket and then later say she didn't. A bit contradictory, no.

She clearly did not have a ticket on her and regardless of whether she bought one or not you have to keep it on you until you complete your journey. She should be fined for no ticket and wasting the courts time also

Dravokivich · 27-10-2010 01:28PM

She had travelled on the Luas to the Museum stop where she had got off, midway in her journey, to meet a friend.

She got off... er... ticket is 1 time use only, not get on / off as much as you like till you reach the last stop avail on the zone listed as a destination...

Snakeblood · 27-10-2010 01:28PM

Cookie_Monster wrote: »

why does the article say she had a ticket and then later say she didn't. A bit contradictory, no.

She clearly did not have a ticket on her and regardless of whether she bought one or not you have to keep it on you until you complete your journey. She should be fined for no ticket and wasting the courts time also

It said she claims she had a ticket at the time, and that two years later, she does not have a ticket.

MrStuffins · 27-10-2010 01:28PM

Cookie_Monster wrote: »

She clearly did not have a ticket on her and regardless of whether she bought one or not you have to keep it on you until you complete your journey. She should be fined for no ticket and wasting the courts time also

What makes you think this?

Yakult · 27-10-2010 01:29PM

Snakeblood wrote: »

She got pushed by people who had no right to push her,

am.... Yeah they kinda do. Its their job to stop people from getting free lifts on the luas...

Country is a joke, I mite aswell head up to dublin tomoro for an easy €5000 :rolleyes:

Personally I think nothing should have been made of it, (no ticket no proof etc.) and she probably exaggerated everything. Like girls her age do..

Mr. Loverman · 27-10-2010 01:29PM

Snakeblood wrote: »

She got pushed by people who had no right to push her, and from the article, it doesn't say they even asked for her ticket.. I don't really see the problem.

Maybe I'm old (32) but when I was 15 that kind of thing wouldn't have bothered me and certainly the thought of contacting a solicitor wouldn't have crossed my mind...!

MrStuffins · 27-10-2010 01:30PM

Dravokivich wrote: »

She got off... er... ticket is 1 time use only, not get on / off as much as you like till you reach the last stop avail on the zone listed as a destination...

She was getting back on the same tram no?

I've been on a busy Luas in the morning and sometimes those stood at the door need to step of briefly to let others off....... does this make their ticket invalid?

Saadyst · 27-10-2010 01:30PM

Cookie_Monster wrote: »

why does the article say she had a ticket and then later say she didn't. A bit contradictory, no.

She clearly did not have a ticket on her and regardless of whether she bought one or not you have to keep it on you until you complete your journey. She should be fined for no ticket and wasting the courts time also

I think they meant that she didn't keep her ticket for the trial.. not sure

stovelid · 27-10-2010 01:30PM

Another sad story from the imbecilic claims culture.

All of which will be clawed back from everybody in fare increases anyway.

Mr. Loverman wrote: »

A 15 year old girl from council flats in Dublin

So what?

seamus · 27-10-2010 01:30PM

Balance of probabilities most likely. Veolia probably couldn't prove that she didn't have a ticket, so we must err on the most likely scenario that she did indeed have a ticket and was incorrectly stopped.

It's worth noting that Veolia made an offer of €5,000, the court didn't award this amount.

The fact that the girl came from council flats is irrelevant. Does that mean that she probably didn't pay?

She most likely threw the ticket in the bin, but when she got home her parents decided to make a few bob out of it rather than just forget about it.

gurramok · 27-10-2010 01:31PM

Thanks for posting correct article

So, they(assuming inspectors) pushed the girl who had not a ticket on her off the tram and she gets 5 grand. Must try the no ticket lark next time. Maybe I should pretend i'm a junkie, get free travel and get no free hassle from the inspectors :P

PCPhoto · 27-10-2010 01:32PM

the strange thing is .... she didn't keep the ticket (if it existed) .... and CCTV from the Luas wasn't available (conveniently)

my guess is that the Luas people reviewed the footage and her version of being refused access would have been shown (or the CCTV cameras don't/didn't work)... but if she actually had a ticket we will never know.

it essentially came down to an offer from the Luas people which was accepted by the girl - through her father.... what wasn't mentioned in the article was the legal fee's were €4,500 .... so she was awarded €5,000+legal fees.

(I was in court for the case)

Snakeblood · 27-10-2010 01:32PM

R_H_C_P wrote: »

am.... Yeah they kinda do. Its their job to stop people from getting free lifts on the luas...

Country is a joke, I mite aswell head up to dublin tomoro for an easy €5000 :rolleyes:

Personally I think nothing should have been made of it, (no ticket no proof etc.) and she probably exaggerated everything. Like girls her age do..

No, they have the right to fine people who are getting free lifts on the luas. Until they prove she doesn't have a ticket, they keep their hands off her.

Dravokivich · 27-10-2010 01:32PM

MrStuffins wrote: »

She was getting back on the same tram no?

I've been on a busy Luas in the morning and sometimes those stood at the door need to step of briefly to let others off....... does this make their ticket invalid?

Reading the article, it suggests she had left and caught a different tram... if it was the same tram... why would security have removed her from it if they saw she was on it already?

Which is not the same as the instance you described.

seamus · 27-10-2010 01:32PM

gurramok wrote: »

So, they(assuming inspectors) pushed the girl who had not a ticket on her off the tram and she gets 5 grand.

Where did you get the idea that she had no ticket on her?

Mr. Loverman · 27-10-2010 01:33PM

seamus wrote: »

Where did you get the idea that she had no ticket on her?

The article says they could not present any physical evidence a ticket existed.

As someone who gets that train a lot I have noticed that around James' there appears to be a lot of people who get on without a ticket. I'm not saying she didn't have a ticket, but it does appear to be a bit of a free for all on that stretch of the Luas.

Snakeblood · 27-10-2010 01:34PM

Mr. Loverman wrote: »

The article says they could not present any physical evidence a ticket existed.

That doesn't mean she didn't have it at the time.

Yakult · 27-10-2010 01:35PM

She had a ticket, but it wasnt VALID*. So thats pretty much like having no ticket. He was restraining her, which imo is what Id do and any other business would do in similar situation.

Christ how many times have I been refused entry with a valid ticket and man handled. Dont go crying to the courts for money. People will at any cost try to suck every penny they can.

*According to article.

MrStuffins · 27-10-2010 01:35PM

R_H_C_P wrote: »

am.... Yeah they kinda do. Its their job to stop people from getting free lifts on the luas...

But it is not their job to push about people who are NOT getting free rides.... like this girl.

Hence the settlement!

PCPhoto · 27-10-2010 01:35PM

Saadyst wrote: »

I think they meant that she didn't keep her ticket for the trial.. not sure

trial ???

it was a hearing in the Civil Court - her barrister, solicitor ...the judge, her dad and her ..... the reporter, me, another photographer ....can't remember if there was a barrister for the luas people or not - I don't think so.

Gyalist · 27-10-2010 01:37PM

She said the defendants which operate the Luas, Veolia Transport Ireland Ltd, had offered €5,000 damages to Shauna and she was recommending that the court approve of the offer. Mr Justice Deery approved the settlement and directed the money be paid into court until Shauna’s 18th birthday next July.

It's puzzling to me that Veolia would let this go to trial and then fold for €5000. Unless, of course, the cost of their legal representation far exceeded the damages that they offered.

Schoolgirl gets €5,000 for slander and assault on Luas

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