David Mongan had sued alleging a security guard at Smyths Toy Superstores, Belgard Rd, Tallaght, had asked him loudly in front of shoppers on Nov 27, 2007: “Where is the duck? I know you have it. I want to see it. Take it out. I’d like to see where the duck is and what have you done with it.”
Mr Mongan, of Owendoher Haven, Ballyboden, Rathfarnham, Dublin 16, brought the action seeking damages against Smyths Toys, Smyths Toys Holdings, and Smyths Toys Properties Ltd, and Goldforce Ltd, trading as Goldforce Security Management.
He alleged that following the incident he suffered from depression, which had become so bad that at one point he considered taking his own life. The defendants had denied all the claims against them.
Mr Justice Éamon de Valera yesterday dismissed the action, following an application by the defence. The judge said he was satisfied that it had not been proven there was malice in the words alleged to have been spoken to Mr Mongan.