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Woman who claimed bouncer broke her nose has case thrown out

A 35-year-old woman, who told a court her nose was broken when a night club bouncer punched her in the face, has had her damages claim thrown out by a judge.

Judge Jacqueline Linnane dismissed the €38,000 personal injury claims of Susan Reilly, of Inver Road, Cabra West, Dublin; her former boyfriend Darren Dowling, (32) also Cabra West; and Martin Maguire, (39) Ferndale Avenue, Finglas, Dublin.

They had sued Templeville Developments Limited, trading as Barcode Nightclub, Fairview, Dublin, and alleged that after having been refused entry, they had been set upon by five or six bouncers and punched and kicked.

Kerry-Jane Morgan, counsel for the nightclub, told Judge Linnane the trio had turned up at the club after a night out at the dogs.

They had been refused entry on the grounds they were too drunk to be allowed in and an altercation had ensued.

Ms Morgan said they were intoxicated and violent and had been verbally abusive. In a full defence to their claims, the club alleged Ms Reilly had initially assaulted a security man and then all of them had to be restrained with "reasonable force".

Ms Reilly said the incident happened in October 2005 and she remembered a security man saying "go home you fat ... .." to her sister Deborah, who had been part of the group.

"Pushing and shouting then started but I didn't lay a hand on anyone. A bouncer deliberately hit me in the face with a closed fist, breaking my nose," she said.

She had been on the ground after that and did not remember what happened.







Hospital

When cross-examined by Ms Morgan, she said that before being hit she had pointed her finger at the bouncer and had called him a p***k. According to medical records she "must have told hospital nursing staff" she was intoxicated.

Judge Linnane, dismissing the claims and granting the club owners their legal expenses, said statements all three claimants had made to gardai had not exactly conformed with the evidence they had given in court.

Gardai had recorded that the two men were intoxicated and Ms Reilly's evidence had to be viewed in accordance with the notes in her medical record.

hnews@herald.ie


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