Courier has case against Iarnrod Eireann dismissed
A woman has lost her High Court action for damages after she was targeted by criminals and robbed while collecting bank data and cheques as part of her role as a courier for Iarnród Éireann.
In a judgment delivered today, Mr Justice John Hedigan dismissed proceedings brought by Frances Lyndon against Iarnród Éireann because he was not satisfied that the case was made that the defendants were negligent in their duty towards her.
Mrs Lyndon (aged 51) from Dollymount Avenue, Clontarf, Dublin claimed she suffered post-traumatic stress as a result of an incident on Pearse Street, Dublin, on July 20, 1999, when a masked man rammed her vehicle, smashed her car window and stole bank documents from her, including cheques en route for clearance.
In her action Ms Lyndon had claimed she was under the control of the rail company even though she was described as a subcontractor.
She alleges the company failed to have sufficient regard for her safety and should have known she was being placed in a high-risk situation as a result of her work. She said Iarnród Éireann had failed to warn her of the risk of robbery.
Iarnród Éireann had fully denied the claims. Ms Lyndon had also sued Bank of Ireland but her claim against the bank was struck out on consent.
The court heard that in 1997 Mrs Lyndon was contracted by Iarnród Éireann to collect satchels from Bank of Ireland branches in north Dublin and deliver them to the bank's clearing section at Cabinteely.
She used her own car, and was to pick up the satchels at specific times and to drive a specific route.
She was paid IR£60 a day and knew only that she was collecting bank data.
On July 20th 1999, a car reversed into her vehicle in Pearse Street.
A person wearing a balaclava and wielding a hatchet got out of the passenger side, threatened her, smashed the window of her car, and took seven satchels.
She suffered from post-traumatic stress as a result of what was "a well organised criminal operation".
She stopped working as a courier after the robbery and spent 18 months out of the workforce, and required counselling. She now works in the healthcare sector.
In his judgment Mr Justice Hedigan said that he was satisfied that Ms Lyndon had operated as an independent contractor, and not as an employee of Iarnród Éireann.
He said that the contract Mr Lyndon had entered into to collect the bank data was one "for services" and not one "of service".
Mr Justice Hedigan said that while Mrs Lyndon was the victim of a criminal assault, he was dismissing her claim. She had failed to show that the company had been negligent towards her.
The judge held that the robbery of the bags from the back of Mrs Lyndon's car could not have been reasonably foreseeable by Iarnród Éireann.
He also noted that Mrs Lyndon had not put the satchels in the boot of her car as she had been told to do when she commenced operating the run.
In rejecting claims that she should have been provided with better security the judge said it would be impractical if couriers had to use security vans and guards to move every consignment of bank data from place to place.
The plaintiff had also failed to show that any change in her itinerary would made any difference. The judge also awarded the defendants their costs.
