€105,000 award to man assaulted leaving Dublin pub

[Keith Walsh notes it is not clear from the report whether the Injuriesboard.ie made any finding or award in this case prior to the case going to the High Court.] 

Polish national suffered fractured jaw and left with permanent damage to mouth

This article was first published in The Irish Times on Thu, Mar 26, 2015

A man who suffered fractures to his jaw after he was assaulted as he tried to leave a Dublin city centre pub has been awarded more than €105,000 by a High Court judge.

The man (55) suffered the injuries in the attack where a man and woman tried to take his mobile phone and he has been left with permanent damage to his mouth, Andrew Whelan BL said.

The owners of The Living Room Bar, Cathal Brugha Street, where the assault took place, had not entered an appearance in the proceedings and judgment had already been obtained against them, counsel said. The case was before the High Court for assessment of damages only.

The claimant, a Polish national, had sued Walsh Murray Bars Ltd, owners of The Living Room Bar, Cathal Brugha Street, Dublin 1, as a result of the assault on October 30th, 2011.

It was claimed that the man was seriously assaulted while he was a customer on the premises and there was a failure to take adequate steps to ensure his safety. It was also claimed a dangerous person was allowed on to the premises and there was a failure to manage the premises in a safe manner.

The claimant told the court he had had a drink with a friend and was waiting near the door when a man and a woman said something about his phone and one of them tried to take it. The next thing he was on the floor with blood all over his face, he said.

He said he was out of work for two months and spent several days in hospital during which he had to have an operation to insert titanium plates into his jaw. He suffered fractures to his jaw and broken teeth in the attack, the court heard.

Making the award, Mr Justice Anthony Barr said the claimant suffered serious injuries when assaulted by two other patrons of the bar.

In a medical examination this year, the plaintiff was complaining of pain and tenderness in the jaw joints and his mouth opening was at the lower end of the normal range, the judge said. There was a also a reduction in the feeling of his left lower lip. While the claimant had made significant progress, he will require further treatment in the future, the judge added.