Student 'misled court' to advance action for damages

A student who claimed he was assaulted by security staff at a nightclub for no reason "deliberately misled" the court in order to advance his action for damages a High Court judge ruled today.

In dismissing Alan Danagher's action against a Co Tipperary nightclub, Ms Justice Mary Irvine said that he was justifiably removed from the premises on St Stephen's Night 2005 and that staff there did not use unreasonable force. The judge added she was driven to the conclusion that the 22-year old had "overstated his injuries".

The judge said Mr Danagher's denial of participating in a charity parachute jump in 2006, some six months after the incident was "an act of dishonesty done to advance his claim".

The judge also said that Mr Danagher also misled the court claiming he continued to suffer from physical and psychological injuries, such as PTSD and was unable to play sports or participate in certain social activities.

The judge said however that entries on his facebook page showed that Mr Danagher referred to his participation in hurling, rugby and football and his "apparent enthusiasm for nightclubs, dancing and drinking".

Mr Danagher, a student, The Derries, Erill, Co Laois claimed he was assaulted and removed by security staff from Mr O's Nightclub in Templemore, Co Tipperary shortly after he was knocked to the ground by two other individuals, whom he did not know, who were involved in a fracas.

Mr Danagher sued Glantine Inns Limited, Main Street, Templemore Co Tipperary, owners and operators of the nightclub, over injuries allegedly suffered as a result of alleged assault and battery by their agents at the premises on December 26, 2005.

The defendant had denied the claims, and said that Mr Danagher was removed from the nightclub after being involved in a fight, and had been seen by security staff kicking somebody in the head.

In her judgement, following a three-day hearing, Ms Justice Irvine ruled that the security staff acted in a professional and responsible fashion. They did not intervene prematurely.

The judge dismissed Mr Danagher's claim that was grabbed by the neck or asphyxiated, by security staff following a fight in the premises. The judge added that their reasons for removing Mr Danagher were warranted, as they had good reason to believe he was involved in a fight in the nightclub.

The judge accepted that while Mr Danagher sustained some injuries while falling to the floor and hitting his head on the ground at the nightclub they were caused by his refusal to leave and by the obstruction of his family and friends. The injuries were also a far cry from those which he claimed he suffered from.

The judge said that Mr Danagher claimed that as a result of the alleged injuries he had to drop out of college in Waterford and had attended his GP some 50 times and attended physiotherapy some 70 occasions for treatment.

This the judge said was an attempt to mislead the court in order "to impress the severity of his symptoms". The judge said that she did not accept that he had gone as often as claimed.

The judge said that invoices backing these claims would have been produced and added that the GP's and physio's reports were "deafening in their silence" as to the frequency of Mr Danagher's visits.

The judge said that Mr Danagher had initially said that the parachute jump had taken place in 2005, and not in July 2006 as the defendants had claimed.

Mr Danagher said the reason an article and photograph that appeared in a local newspaper in 2006 about the jump appeared the year afterwards was because it was only then that monies collected were handed over to the charity.

The judge said that it was not credible that could make a mistake as to the year he took part in the jump.

The judge also noted that in his facebook posts Mr Danagher had posted under favourite music "anything that will get me dancing and hitting the roof", and "Ya I tink we mit be going out alrite, ul probably come across me drunk on a dance floor somewhere during d night anyways."