Thursday 30 October 2014

Family wins damages following attack by landlord's sons

Ray Managh

Published 06/12/2012 | 05:00

A FAMILY who had to flee their home in the middle of the night have been awarded damages for assault against a Dublin landlord and his two sons.

Edward Murphy had "the lights beaten out of him" after being attacked by brothers Neil and Stephen Carroll when he complained about loud partying in their neighbouring apartment, the Circuit Civil Court heard.

Judge Matthew Deery also heard that Mr Murphy's sister, Helen, and his wife, Hayley, also had to flee the apartment they shared in The Crescent, Rathbourne Court, Ashtown, Dublin.

The judge said Mr Murphy had been punched and kicked around the face, head, neck and back while scuffling with Neil Carroll. He said student Helen Murphy suffered bruising when she was grabbed by the arms and pinned against a wall. The court heard she had been called an "English c***".

Trauma

Judge Deery accepted that Hayley Murphy had not been physically assaulted but had suffered trauma as a result of the attacks of November 7, 2010. She, her husband and her sister-in-law had been advised by gardai on that night to leave the apartment for their own safety.

All three had lived with Mr Murphy's mother on the Navan Road, Dublin, for weeks.

Judge Deery said that when Garda David Fahey arrived at the Ashtown apartments he found Neil and Stephen Carroll with their T-shirts off. They appeared to be drunk.

Mr Moher told the court the Murphys' landlord was Frank Carroll, and they had complained to him about noise from his son Neil's apartment.

Nothing had been done, and when Hayley went to complain on November 7 she had been told to "f*** off".

Later, the Carroll brothers tried to enter the Murphys' apartment, pulled Mr Murphy into the hallway and set upon him. Judge Deery awarded Mr Murphy €12,255, Helen Murphy €9,161 and Hayley Murphy €7,147 against all three members of the Carroll family.

Irish Independent

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