Tuesday 26 March 2019

Man refused entry to shop as he fled attack is awarded €750,000

Cian McCarthy leaves the High Court, Dublin yesterday, after he was awarded €750,000 in damages. Photo: CourtPix
Cian McCarthy leaves the High Court, Dublin yesterday, after he was awarded €750,000 in damages. Photo: CourtPix

Tim Healy

A man who was assaulted after he was stopped from going back into a shop to seek safety against a street attack has been awarded over €750,000 against the shop and a security company.

Psychiatric nurse Cian McCarthy (32) was an innocent party who suffered a serious brain injury in the attack outside Centra supermarket on Grand Parade, Cork, Mr Justice Kevin Cross said.

He was struck by the boyfriend of a woman Mr McCarthy had fallen against after he was pushed away from the door by a security man and while he was trying to get away from another man attacking him.

The blow caused Mr McCarthy of Dwyer Road, Midleton, Co Cork, to fall and hit his head. The man who assaulted him was later given a five-year jail sentence, with the last two years suspended.

Mr McCarthy sued the Centra shop owners, Herlihy Supermarket Group, Patrick Street, Fermoy, Co Cork, and the security company, Tekken Security, Upper Clanbrassil Street, Dublin, for removing him from the store and preventing his re-entry.

The incident occurred at 2am on October 31, 2011, during the Cork Jazz Festival.

When Mr McCarthy joined the deli queue in Centra, a man tried to jump the queue.

That caused some protest from Mr McCarthy who was at one stage hit in the mouth.

A security guard tried to separate Mr McCarthy who was now in a row with three people and he escorted him from the shop.

The three people involved in the row followed Mr McCarthy, chased him and attempted to hit him. Mr McCarthy offered no resistance and backed away.

He broke loose and made for the front door of the shop. The second security guard did not know Mr McCarthy was the innocent party, barred his way and pushed him back towards the crowd.

While the defendants were entitled to eject Mr McCarthy in order to avoid confrontation, the first security guard should have advised the second guard of the situation, the judge ruled.

Irish Independent

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