€185k for family of man who died outside pub

An award of €185,000 was made yesterday to the family of a man who died moments after being ejected from a pub in Cork City.

There was no admission of liability in the case before the High Court sitting in Cork yesterday and the hearing was only for the purpose of approving a settlement offer from the defendants to the plaintiff.

Anthony Hennessy died on Mar 14, 2008, after being put out of the Mo Chuísle pub at 40 Blarney St, Cork City.

The plaintiff yesterday was the late Mr Hennessy’s partner, Yvonne Quilligan, of Mount St Joseph’s Heights, Gurranabraher, who brought the case on behalf of herself and her four daughters.

The defendants in the civil action were Niall Burns of Blackstone Bridge; Terry Burns of Blarney St; and Tony Burns of Fairhill.

Mr Justice John Edwards said: “I would like to convey my condolences and sympathy to the family for what was a terrible tragedy.

“Unfortunately, the law is singularly ill-equipped to meet a tragedy like this. Money is meaningless in the context of losing a husband and father.”

Dr John O’Mahony senior counsel, instructed by solicitor Vincent Toher, said liability for what happened was very much at issue.

It was estimated that the potential loss of earnings to the family as a result of the death was between €300,000 and €325,000, so the settlement offer represented somewhat more than half of that.

Dr O’Mahony said that if the case went to civil trial for damages, the plaintiff would succeed but probably with a finding of 50% contributory negligence by the deceased.

Dr O’Mahony said issues arose in other pubs about the behaviour of the deceased that afternoon and that in Mo Chuísle, participants in bingo and other patrons were becoming apprehensive as Mr Hennessy responded to the game. For instance, when number 18 was called he said that when he was 18 he lived at such an address, and so on.

Dr O’Mahony said Mr Hennessy had tried to jump over the bar and had attempted to knock a pile of glasses. He said the defendants claimed they had done no more than remove him from the premises and restrain him to prevent assault on themselves and that his death was accidental and unintentional.

The coroner concluded that the cause of death was neck compression and that acute alcohol intoxication was a contributory factor. Dr O’Mahony said somebody had their arm across the deceased’s neck.

Judge Edwards asked if anybody had been charged or convicted. Dr O’Mahony said charges were brought but that there was an acquittal and nobody was convicted.

The lawyer added there would have been witnesses called by the plaintiff had the civil case gone to trial, alleging excessive force.

“There would have been witnesses that defendants should not have been so fulsome in the management of Mr Hennessy,” he said.