A 25-year-old bookmaker's assistant, who claimed she was "rugby-tackled" by security men outside a Dublin city centre bar, has been awarded €15,000 damages in the Circuit Civil Court.
Linda Delamere told the court that on the night of July 13, 2009, she and boyfriend Warren Donnelly were refused entrance to Buskers Bar on Fleet Street, Dublin, after having produced their driving licences to security staff.
She said that a fight broke out between Mr Donnelly and two security men after they "laughed at him and jumped into his face" when he asked for the return of his licence.
Ms Delamere, of The Forge, Railway Street, Dublin, told her barrister, Michael Coen, that she had stepped away from the argument to call gardai when she was "rugby-tackled" from behind and knocked unconscious.
The court heard that when Ms Delamere became conscious again, she noted her dress was torn and stained with blood. She had suffered a cut to her left middle finger. Mr Coen said his client was taken to St James' Hospital, Dublin, where her finger was stitched.
Ms Delamere said she had been afraid to go out for several months after the incident. She sued Temple Bar Hotel Ltd, which trades as Alchemy Night Club, formerly Boomerangs Buskers Bar, Tower Hotel Group Ltd and Fleet Street Inn Dublin Limited, for damages.
The defendants, who denied liability, claimed Ms Delamere and Mr Warren had been extremely intoxicated. They alleged Mr Donnelly had been aggressive and denied Ms Delamere was "rugby-tackled."
Circuit Court President Mr Justice Raymond Groarke said he found it incomprehensible that CCTV footage of an "exceptional" incident had not been kept by security staff.
Awarding Ms Delamere €15,000, Judge Groarke said that although some sort of force might have been needed, the force that was used on Ms Delamere was not excusable.