A man who was hit by a bus has failed in his bid to sue the owners of operators Xplore Dundee.
Ali Elbuzedi was crossing Commercial Street in Dundee when he was struck by a bus being driven by a man named Filep Myzylowskyj.
At the time of the incident, on March 20 2012, Mr Elbuzedi, then aged 53, was taken to Ninewells Hospital in a critical condition after reportedly suffering a head injury.
Mr Myzylowskyj, who died in December 2013, was said to have been “devastated” at the time and didn’t immediately return to work.
Mr Elbuzedi was eventually released from hospital, but his injuries were so serious that a civil action was launched on his behalf by another person to sue Tayside Public Transport Co Ltd — otherwise known as Xplore Dundee.
The claim at the Court of Session in Edinburgh stated that the driver would have had “a clear view” of Mr Elbuzedi from at least 45m away and was driving at only 15mph, so should have been able to avoid him.
In court, it was revealed that Mr Elbuzedi had no sight in his right eye at the time of the incident.
One eyewitness, called Thomas McLean, said the casualty was “not looking at oncoming traffic” and “an accident was inevitably going to happen”.
In his statement, Mr McLean added: “He (Mr Elbuzedi) didn’t look to the right at all. As he stepped out, it was exactly at the same time that a bus drew level with him.”
James Brunton, a former police officer who had experience of investigating collisions, told the court it was his view that the driver could have taken action by applying the brakes and sounding his horn.
Mr Elbuzedi was unable to give evidence at court due to the injuries sustained in the incident.
In his judgment, Lord Clarke stated that he “found no good reason” to reach an alternative view other than that “there was nothing the driver could and should have done, in the exercise of reasonable care, which would have avoided the accident”.
A spokesman for Digby Brown Solicitors, who were representing Mr Elbuzedi, said: “We note this decision. We work hard on behalf of every client and are naturally disappointed on behalf of the pursuer, who was left with very serious injuries after this incident.”
A spokeswoman for Xplore Dundee said: “This was a tragic incident and our thoughts go out to the families concerned.
“We accept the decision of the court and hope that this will allow closure for all parties involved.”
Mr Elbuzedi couldn’t be reached for comment before going to press today.
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