Man awarded €167,000 over ‘traumatic’ assault at barbecue

A man who was assaulted at a barbecue, ending up with multiple fractures to his face, has been awarded €167,000 by the High Court.

Ms Justice Carmel Stewart said Czech national Jiri Kocurek had undoubtedly suffered injuries that were traumatic and affected his life for some time. She said it was “a most unfortunate case”.

Jiri Kocurek (45) of Virginia, Co Cavan, had sued Piotr Swidniak, a Polish national of Ashford Downs, Ballyjamesduff, Co Cavan, as a result of the assault on March 25th, 2017, in Ballyjamesduff.

The case was before the court for assessing damages only after the court heard judgment was previously granted in default of appearance. However, Mr Swidniak, a father of three, was in court and he asked the judge to consider that he would not be able to pay because of his financial situation.

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Awarding €167,000, which included loss of earnings and €20,000 towards the replacement of eight teeth, the judge said an appeal by Mr Swidniak could not form any part of her ruling which was solely the assessment of damages.

Mr Kocurek’s counsel Michael Mulcahy SC, with David Burke BL, told the court the assault was violent and sustained.

He said Mr Kocurek had been kicked by Mr Swidniak who was wearing steel-capped boots

In the proceedings, it was claimed both men were attending a barbecue in Ballyjamesduff. It was claimed that Mr Swidniak had consumed an excessive amount of alcohol and repeatedly insulted Mr Kocurek and also asked him to purchase alcohol for him. Mr Kocurek refused to do it and, it was claimed, Mr Swidniak pushed him.

The two men fell over a fence onto the driveway of another property where, it was claimed, Mr Kocurek was kicked in the head repeatedly. It was further claimed a child’s tricycle was used to assault him.

Mr Kocurek sustained fractures to bones in his nose, around his eyes and jaw.

In evidence, Mr Kocurek said the assault changed his life. Speaking through an interpreter, he said he was afraid to go out and did not go back to work until 2021.

He said he had problems with his right eye, double vision and numbness on his face along with a scar under his eye.