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Saturday 20 September 2014

Woman injured while trying to avoid a grope by man on holiday in Greece is awarded €100,000

Aodhan O'Faolain

Published 22/01/2013 | 18:07

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A YOUNG woman who sustained a serious leg injury from a fall on holiday while trying to get away from a man who was groping her has been awarded €100,000 damages by the High Court.

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Laura Monaghan sustained what Mr Justice John Hedigan described "as a serious and unpleasant" injury to her leg as a result of falling from a platform she was dancing on while trying to escape the inappropriate attentions of Martin O'Brien.



The incident occurred while Ms Monaghan was on holiday on the Greek Island of Kos on May 14, 2003, when she was 16 years of age.



Ms Monaghan (now 25) of Greenfort Avenue, Clondalkin, Dublin, sued Martin O'Brien, with addresses at The Old Domain, Borrisokane, Co Tipperary and The Green Clara, Co Offaly for assault.



The case was before the court for assessment of damages only. Judgment had previously been obtained against Mr O'Brien. No defence was tendered on his behalf.



The court heard that Ms Monaghan, represented by Patrick O'Connell SC, was out dancing at a premises called "Down Under" in Kos, with her sister, when Mr O'Brien groped her. He was warned about his conduct, however Mr O'Brien persisted with what was inappropriate behaviour.



Ms Monaghan tried to move away, however Mr O'Brien's actions caused her to trip and fall. As she fell from the platform her leg struck a glass counter. Mr O'Brien who was not previously known to her was holidaying in Kos at the same time.



She sustained serious injuries to her left leg, including torn muscle.

She was seen by a doctor in Greece and was flown home two days after the accident.



She attended Tallaght Hospital was placed in a cast and was in pain for some time afterwards. Her injuries had affected her ability to take part in sports, school, her part time job and socially. She also required physiotherapy and hydrotherapy.



In his ruling Mr Justice Hedigan said that Ms Monaghan noted that she had made a good recovery she had suffered what would be a permanent injury to her leg. In the circumstances the judge said she was entitled to damages of €100,000 against Mr O'Brien.

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