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Beating up of customer not owners' fault

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Thomas: (Leslie); 'A filling station owner could not be held responsible for the beating up by criminals with a lump hammer of a customer paying for goods at an external security hatch',Dublin Circuit Civil Court, (10/2/13)***see  Ray Managh story slugged HAMMER.
Pic shows: The  plaintiff,  Leslie Thomas, (40) of MacUilliam (correct) Avenue, Tallaght, Dublin,  leaving court yesterday  (Mon.)  after   the hearing.
(Pic: CourtPix.)

Thomas: (Leslie); 'A filling station owner could not be held responsible for the beating up by criminals with a lump hammer of a customer paying for goods at an external security hatch',Dublin Circuit Civil Court, (10/2/13)***see Ray Managh story slugged HAMMER. Pic shows: The plaintiff, Leslie Thomas, (40) of MacUilliam (correct) Avenue, Tallaght, Dublin, leaving court yesterday (Mon.) after the hearing. (Pic: CourtPix.)

Thomas: (Leslie); 'A filling station owner could not be held responsible for the beating up by criminals with a lump hammer of a customer paying for goods at an external security hatch',Dublin Circuit Civil Court, (10/2/13)***see Ray Managh story slugged HAMMER. Pic shows: The plaintiff, Leslie Thomas, (40) of MacUilliam (correct) Avenue, Tallaght, Dublin, leaving court yesterday (Mon.) after the hearing. (Pic: CourtPix.)

A filling station owner could not be held responsible for thugs beating up a customer with a hammer at an external security hatch, a judge has said.

Leslie Thomas, (40) of MacUilliam Avenue, Tallaght, Dublin, told the Circuit Civil Court that a masked man had pointed a gun at the cashier and demanded money or he (Thomas) would "get it".

He said that shortly after 10pm on December 5, 2010, he had called to Discount Fuels at Jobstown on the old Blessington-Tallaght Road and had just paid for milk and cigarettes when two men approached him from behind.

One pointed the gun through the cash drawer at the cashier, while the other started hitting him on the head and face with a lump hammer.

Cashier Ahmed Khan said he was the only staff member on duty and had been securely locked in behind a steel shutter which had a restricted viewing and communication slot through which to speak with customers. He had dealt with Mr Thomas and had passed his goods and cash change through the service hatch drawer.

Judge Matthew Deery said that while everybody would have sympathy with Mr Thomas, it would be harsh to attach responsibility to the defendants, Petrogas Group Ltd, which trades as Discount Fuels, for the assault.

He dismissed Mr Thomas's €38,000 damages claim for assault.

hnews@herald.ie


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