Wednesday 17 January 2018

Bricklayer settles action against pub after 'man bit off a chunk of his nose' in toilet

David Murphy Pic: Courts Collins
David Murphy Pic: Courts Collins

A bricklayer who claimed another man bit off a chunk of his nose during an assault in a pub toilet has settled his High Court action against the pub.

David Murphy (38), of Stannaway Road, Crumlin, Dublin, had claimed there was an alleged failure by the pub to monitor the behaviour of his assailant and an alleged failure to intervene and protect him from being assaulted.

Mr Murphy sued Vincent Murphy Ltd, owners of his Murphy's  in Crumlin village, Dublin, over the assault on January 18, 1997.

Murphy's  denied the claims.

The pub claimed there was no trouble from the group the other man was with that night.  Mr Murphy never reported the assault on the night, it also said.

Mr Murphy told the court he was asked by the man to go in to the toilets as he wanted to talk to him.

"He said don't ever interrupt when I am talking to that girl and before I knew it my head was leaned back and he took a chunk out of my nose," Mr Murphy said.

He said he could not believe what had happened and he took a taxi to hospital.

"Half of my nose was hanging down my lip. The man just went back to his friends," he added.

Mr Murphy said he had to have 15 stitches and even now, 17 years after the incident  he had difficulty with his nose including that he is sniffling all day.

He was only 20 years of age at the time of the assault and he denied the man who assaulted him was a friend of his.

Mr Justice Kevin Cross was told today the case had been settled and could be struck out.

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