A 44-year-old crane driver, who was stabbed in the head while attending a drugs treatment clinic, has lost a €38,000 damages claim against the Health Service Executive.
Leon Isaacson told the Circuit Civil Court today that he and his brother, Aaron, were walking to The City Clinic in Amiens Street, Dublin, for methadone treatment in January 2009 when they were attacked by men looking for cigarettes.
They ran to the clinic, where both had a treatment appointment, and were allowed in by doorman Martin Evans who later opened the door to check who was ringing the doorbell.
Mr Isaacson, of Whitethorn Road, Artane, Dublin, said several men then tried to burst into the clinic and he and his brother had gone to the doorman’s assistance.
One of the men trying to get in had stretched his arm around the door opening and slashed out with a serrated-edged knife, striking him in his left temple and left shoulder.
Barrister Conor Bourke, counsel for the HSE, told Judge Jacqueline Linnane that when the Isaacson brothers had arrived at the clinic a nurse had called the gardai.
Aaron was bleeding from the nose and he and Leon had been told to follow a nurse upstairs. At that point three men attempted to barge in and the Isaacsons had returned to the hall doorway to fight the intruders.
Mr Bourke submitted that any injury Leon Isaacson had suffered was at his own volition by returning uninvited to the doorway and exposing himself to danger.
Judge Linnane, dismissing the claim and awarding costs to the HSE, said she was satisfied the Isaacsons had gone back downstairs to the altercation at the doorway. She could not find any negligence on the part of the HSE.