Wednesday 18 October 2017

Drinker who said Dublin pub owner insulted his clothes and got him in full nelson loses claim for €38k

Jason O'Neill was unsuccessful in his court bid
Jason O'Neill was unsuccessful in his court bid
Fran O Reilly leaving court

Ray Managh

A man who claimed the owner of a Dublin pub told him to go home and change out of his pyjamas before locking him in a “full Nelson” in the men’s loo, has lost a €38,000 damages suit for assault.

Jason O’Neill, of Dunard Road, Blackhorse Avenue, Dublin, was also directed to pay the legal costs of Richmond Properties (Ireland) Limited, which trades as Nancy Hands pub in Parkgate Street.

O’Neill (41) told Judge Jacqueline Linnane in the Circuit Civil Court that on September 11, 2006, pub owner Fran O’Reilly slagged him off about his track suit bottoms and made an absolute show of him in front of his drinking buddies.

He said he had followed O’Reilly into the toilets to protest and was whisked around and locked in a full Nelson hold.  He said he had turned red and blue and had been unable to breathe.

O’Neill told barrister Deirdre Byrne, counsel for the publican, that he knew O’Reilly had introduced a new dress code banning track suits.

He denied having taken a swing with his fist at O’Reilly who had earlier referred to his clothing as “pjs” and “jammers.”

O’Neill told Ms Byrne he had gone to the pub at 2 p.m. and had between five and seven large bottles of cider, “maybe more, maybe less.” He had gone to his solicitor within a fortnight but had not gone to see a doctor about a painful neck until 15 months after the incident.  

Francis O’Reilly told the court he had spoken discreetly to Mr O’Neill about the new dress code rules.  He had been followed into the toilet by O’Neill who grabbed him and swung his closed fist at him.  He had put him in a lock to save himself from being head butted.

Judge Linnane said CCTV coverage of the incident was timed at between 1 a.m. and 2 a.m. the following morning.  She was not satisfied Mr O’Neill had suffered any injuries as a result of what had taken place in the men’s lavatory.  He had not gone to his doctor until more than a year later.

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