Cian McCarthy, a Cork Man, has been awarded over €750,000 Assault Compensation by in the High Court.
The man was trying to seek refuge get back in a Cork shop as he tried to escape from a group of people trying to assault him. The shop proprietor would not permit him to enter and he (McCarthy) was struck with a massive fist blow to the head outside the premises. Mr McCarthy had previously been escorted from the Centra store that evening after a verbal row at the deli counter when somebody skipped the queue.
Justice Kevin Cross say Cian McCarthy was an innocent party and had sustained a significant brain injury in the attack outside Centra supermarket on Grand Parade, Cork city during the Cork Jazz Festival weekend in 2011.
The Judge said that the security person at the shop should have acknowledged recognised that the three individuals involved in the queue-jumping row were chasing Mr McCarthy and told the second security guard at the shop of this. Justice Cross said that defendants’ duty of care did not end at the door of the premises.
The also also ruled that in denying Mr McCarthy entry and in pushing him towards the direction of danger, the defendants should have been aware that Mr McCarthy would suffer some assault and possibly some injury.
The three people involved in the row about the queue-jumping chased Mr McCarthy from the shop, followed him and tried to box him in the head. The judge said that Mr McCarthy did not offer resistance and walked away trying to protect himself.
Mr McCarthy escaped from the attacker and ran towards the door of the shop seeking safety. The judge said the second security guard who was not aware that Mr McCarthy was the innocent party and did not witness him being beaten and pursued outside blocked Mr McCarthy’s re-entry to the premises. Mr Justice Cross concluded the security guard pushed Mr McCarthy back int he direction of the crowd.
The judge said that he felt that the best explanation for what occurred is a combination of the security person’s push and the struggle with the other man which caused the clash knocking over a young female who was standing outside the shop.