Friday 24 November 2017

Injury claim is dismissed after sky-dive photo

Tim Healy

A JUDGE ruled that a student who claimed he was assaulted by security staff at a nightclub "deliberately misled" a court to advance his action for damages.

Alan Danagher (22) "overstated his injuries" and engaged in "an act of dishonesty" when he denied he participated in a charity parachute jump six months after the incident, Ms Justice Mary Irvine said in the High Court in Dublin.

Mr Danagher had claimed the jump was before the nightclub incident, but an article and photograph in a local newspaper proved when it had occurred, the judge said.

She was dismissing his action against the operators of Mr O's Nightclub in Templemore, Co Tipperary, claiming he was assaulted and removed from the premises shortly after he was knocked to the ground by two other individuals.

The judge also said Mr Danagher, of The Derries, Erill, Co Laois, misled the court claiming he continued to suffer from physical and psychological injuries and was unable to play sports or participate in certain social activities.

Entries on his Facebook page referred to his participation in hurling, rugby and football and his "apparent enthusiasm for nightclubs, dancing and drinking".

Under his 'favourite music' posting he said: "Anything that will get me dancing and hitting the roof", and "Ya I tink we mit be going out alrite, ul probably come across me drunk on a dance floor somewhere during d night anyways".

Mr Danagher sued Glantine Inns Limited, Main Street, Templemore, over injuries allegedly suffered as a result of alleged assault and battery by their agents at the premises on St Stephen's Day, 2005.

The defendant had denied the claims, and said that Mr Danagher was removed from the nightclub after being involved in a fight, and had been seen by security staff kicking somebody in the head.

In her judgment, the judge ruled that the security staff acted in a professional and responsible fashion. They did not intervene prematurely.

Asphyxiated

She rejected Mr Danagher's claim that he was grabbed by the neck or asphyxiated when security staff followed a fight in the premises. Their reasons for removing Mr Danagher were warranted as they had good reason to believe he was involved in a fight in the nightclub, she said.

The judge accepted that while Mr Danagher sustained some injuries while falling to the floor and hitting his head on the ground at the nightclub, these were caused by his refusal to leave and by the obstruction of his family and friends. The injuries were also a far cry from those which he claimed he suffered.

Mr Danagher claimed that as a result of the alleged injuries, he had to drop out of college in Waterford and had attended his GP some 50 times and attended physiotherapy on some 70 occasions.

The judge said this was an attempt to mislead the court in order "to impress the severity of his symptoms".

Irish Independent

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