News.com.au
Bashed bus driver told attack 'his fault'
Sun February 5, 2012 9:03pm
A BUS driver who lost an eye in a vicious assault has been blamed for the attack by the bus company that employed him.
Bus operator Swan Transit has accused Gerard Sin of provoking the youth who robbed him of the sight in his left eye while he was on the job.
As it fights Mr Sin's compensation's bid, Swan Transit is claiming the 62-year-old is at fault because he failed to take "adequate care for his own safety".
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The 2009 attack sparked public condemnation and led to better safety for bus drivers, including protective cages around drivers' seats.
Swan Transit has made its claims in papers lodged with the District Court as it defends against Mr Sin's personal injuries lawsuit, which he launched in August 2010.
The Thornlie bus driver is suing his employer after he was punched and pelted with a chunk of concrete as he drove the No.250 route in Armadale on July 31, 2009.
He suffered serious facial injuries and was blinded in his left eye. He has since had a prosthetic eye fitted.
It was reported Mr Sin had left a bus stop, but stopped a short distance down the road to let the men board, then an argument broke out over payment of the fare in the seconds before the assault.
In its defence statement, Swan Transit denies liability for Mr Sin's injuries and rejects his claim, saying "the incident occurred as a result or was contributed to by the negligence of the plaintiff (Mr Sin)". The document alleges that Mr Sin:
* Failed to take any or any adequate care for his safety in all the circumstances.