‘Aggressor’ plaintiff loses case and must pay costs

A man sued a pub over an injury he sustained after being refused entry but yesterday the Circuit Court judge hearing the compensation ruled that the man who brought the case was the aggressor and had brought about his own injuries.

Judge Seán Ó Donnabháin dismissed the civil case taken by Austin Hayes, of 17 The Maples, Ballinure, Mahon, Cork, against Fear Gorm Ltd and Cerberus Security Ltd arising out of a disputed incident outside Sin É on Coburg St, Cork, on March 16 2011.

CCTV coverage of the incident was shown during the case at Cork Circuit Court.

Judge Ó Donnabháin said: “Clearly the plaintiff has absolutely no recollection of what happened. He undoubtedly was the aggressor for a significant period of time. If he suffered injury, he caused the injury himself and has no cause for a claim against the premises.”

As well as dismissing the case the judge made an order against the plaintiff for the costs of the case.

Witnesses gave evidence of seeing various parts of the incident. It was common case between the parties that three men approached the premises and two were admitted but the third, Austin Hayes, was refused entry.

James McKenna was on duty on the door. He testified: “I saw Mr Hayes coming up the street. He was intoxicated. I refused him admission to the bar. He immediately got aggressive. One of his friends was trying to move him away. He pushed past the friend and tried to strike me. He punched me on the lip. I went to restrain him. There was a struggle. Both of us fell to the ground. [Before falling] I put my two arms on his shoulders.”

The plaintifff’s allegation that Mr McKenna pushed him violently to the ground was denied.

He also rejected a suggestion from the plaintiff’s barrister that Mr McKenna had manhandled the plaintiff to the ground, in the course of which the plaintiff fractured his elbow.