Friday 20 April 2018

Man awarded €100k after pub fall that left him out of work for a year

Hubert Morawice
Hubert Morawice

A MAN who claimed he was pushed and fell to the ground as he left a pub has been awarded €100,000 damages by the High Court.

Construction worker Hubert Morawice suffered a fracture of his right kneecap after he claims he was pushed by someone he thought was a member of staff at "The Living Room" pub off Cathal Brugha Street, Dublin, almost seven years ago.

Mr Justice Kevin Cross said Mr Morawice had come to this country from Poland to work "all hours God gave him" as a builder.

He was socialising with his friends in the pub on March 20,2008, and was leaving when he was pushed and fell to the ground.

Mr Morawice, the judge said  impressed him as an energetic young man  who did not exaggerate his injuries or sit back in the hope of compensation, but he tried to go back to work.

However, the judge said he found he could not keep up with his colleagues.

Mr Justice Cross said the injury was not insignificant and Mr Morawice has been left with a 10 cm scar and the risk of developing arthritis at a later stage.

Mr Morawice (32) Windsor Villas, Fairview, Dublin had sued  Murraywalsh Ltd, with offices at Panell Street, Dublin  the licensee of The Living Room pub at the time.

It was claimed excessive force was used when pushing Mr Morawice and that Mr Morowice was pushed and caused to fall heavily on the ground.

Judgment was previously obtained against Murraywalsh Ltd in default of appearance and the case was before the court for assessment of damages only.

Senior Counsel Gabriel Gavigan said Mr Morawice had sustained a nasty injury to the knee and could not work for a year afterwards. Mr Morawice was several months in plaster  and also had to have screws inserted to hold his kneecap in place.

In evidence, Mr Morawice said he and a group of friends were having their second pint when a security man asked them to leave. They left their pints and went towards the exit .

He said the group were chatting at the door to the security man saying they did not want trouble when he was pushed by what he thought was another member of staff.

He said he could not now ski or snowboard which he loved to do when he returned to Poland.

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