€40k award for having piece of ear bitten off
The court heard the same thing had “unbelievably” happened to another man only five minutes earlier in the nightclub in February 2002.
Darren Curneen of Clondalkin took the proceedings against Lacefield Taverns Limited, trading as Sidewalk nightclub of Upper O’Connell Street, Dublin, which was not represented in court, meaning the case went undefended.
Gerry Tynan SC, for Mr Curneen, told the court the attacker, who was arrested with blood on his lips and face, later pleaded guilty at the criminal courts.
The court heard Mr Curneen had been offered plastic surgery but was told there was no guarantee as to how it would turn out, and that the disfigurement could even be made worse.
Mr Justice Peter Charleton said the circumstances of the case was extraordinary and distressing where a young carpenter went out socialising in a nightclub and had the top of his ear bitten off. Another man had the same thing happen him only five minutes earlier, the court heard.
The judge recalled that, about 10 years ago, there had been a fad where people would hit other people on the street for no reason. That was bad enough, said the judge, but going around biting pieces off people was something that should not happen in any civilised community.
Mr Justice Charleton said it was clear the nightclub controlled and had a duty of care to those on the premises, and should have dealt with the attacker in order to protect patrons.
When the attacker was eventually arrested, he was covered in blood on the lips and face. There was a clear want of care in relation to Mr Curneen, and that want of care in this instance led to the assault, the judge said.
Mr Justice Charleton went on to say that one of the worst aspects of the case was the loss of faith in human nature, because when something like this happens, he said, you tend to wonder about yourself and the nature of anybody you meet for the rest of your life.
Mr Curneen told the court that on February 3, 2002 he was on the dancefloor at the nightclub when he felt a sharp sensation from behind. “I just put my hand to my ear and noticed blood on it. I went to the bathroom and was asked by a doorman if I needed an ambulance and replied: ‘Of course I do’.”
He had been approached from behind by his assailant who had bitten his ear. He said there were two security men on duty.
Mr Curneen said he had been in a lot of pain for four years after the attack and that the ear was still quite tender and still bothers him.
