Man kicked in the head at a barbecue awarded €167k

The victim said the assault changed his life afterwards

The case was before the court for assessment of damages only after the court heard judgment had been previously granted in default of appearance. File photo

A man who was assaulted at a barbecue, kicked in the head and ended up with multiple fractures to his face has been awarded a total of €167,000 by the High Court.

Ms Justice Carmel Stewart said Czech national Jiri Kocurek had undoubtedly suffered injuries which were traumatic and affected his life for some time. She said it was “a most unfortunate case”. 

Jiri Kocurek (45) of Virginia, Co Cavan, had sued Piotr Swidniak, a Polish national from Ashford Downs, Ballyjamesduff, Co Cavan, as a result of the assault on March 25, 2017 at a barbecue in Ballyjamesduff.

The case was before the court for assessment of damages only after the court heard judgment had been previously granted in default of appearance. However, Mr Swidniak a father of three was in court and he asked the judge to consider that he would not be able to pay because of his financial situation.

Awarding €167,000, which also included loss of earnings and €20,000 towards the replacement of eight teeth Mr Kocurek lost as a result of the assault, the judge said Mr Swidniak’s appeal could not form any part of her ruling which was solely the assessment of damages.

Mr Kocurek’s counsel, Michael Mulcahy SC with David Burke BL, told the court that Mr Kocurek lost eight teeth in the altercation which counsel described as a violent and sustained assault.

He said Mr Kocurek had been kicked by Mr Swidniak who was wearing steel capped boots. 

In the proceedings it was claimed that both men were attending a barbecue in Ballyjamesduff. It was claimed that Mr Swidniak had consumed an excessive amount of alcohol and repeatedly insulted Mr Kocurek and also asked him to purchase alcohol for him. 

Mr Kocurek refused to do it and it was claimed Mr Swidniak pushed him. The two men fell over a fence onto the driveway of another property where it was claimed Mr Kocurek was kicked in the head repeatedly. It was further claimed a child’s tricycle was used to assault him.

In evidence, Mr Kocurek—who sustained fractures to bones in his nose, around his eyes and jaw—said the assault changed his life afterwards. He said he was afraid to go out and did not go back to work until 2021.

He said he had problems with his right eye and had double vision and also has numbness on his face along with a scar under his eye. “It has changed my life,” he told the judge through an interpreter.