Aer Lingus fails to halt negligence case by flight attendant

An Aer Lingus flight attendant who claims he injured his back while bending down during his work can continue his personal injury action against the airline if he takes certain steps before the end of next March, the High Court has ruled.

Tommy Byrne was working as a steward on a Boston-Dublin flight in September 2010. He claims, while attempting to place a tray containing a meal on the foldaway table of a window seat passenger, he was caused to sustain a back injury due to the angle at which he delivered the tray.

He is suing Aer Lingus for alleged negligence, including alleged lack of training and breach of statutory duty. The case was initiated in 2013 and last January Aer Lingus sought to have his case dismissed for inordinate and inexcusable delay in prosecuting it. He opposed the application. On Thursday, Mr Justice Charles Meenan found the balance of justice lay in favour of allowing the action to proceed.

Because he had found the delay was inordinate and inexcusable, there could be no further delay, said the judge. He proposed that certain steps be taken, including that Mr Byrne make discovery of documents sought by Aer Lingus by February 2020 and that a notice of trial be served 21 days later. He adjourned the matter to the end of March and said, if the steps were not taken, he will revisit the application to dismiss.