An engineer who was beaten unconscious after attending a disco at the Ambassador Hotel in Kill, Co Kildare, was awarded damages of €48,379 and costs by the High Court yesterday in his action against the hotel owner.
Mr David Meagher (37), Priory Grove, St Raphael's Manor, Celbridge, Co Kildare, had sued Shamrock Public Houses Ltd, trading as the Ambassador Hotel, with registered offices at the Hotel Kilmore, Cavan.
He had given evidence that he suffered a loss of confidence in public as a result of the assault on him on November 28th, 1999.
In a reserved judgment, Mr Justice Herbert found the hotel owners were in breach of their duty to take reasonable care for Mr Meagher's safety while on the premises. He said he accepted Mr Meagher's evidence that, after the disco, he was outside at the entrance of the hotel when he was approached by two men. One man had said "Do you want a fight" or possibly "Do you want to have a fight with a garda" and Mr Meagher had replied: "If you touch me you will lose your job."
The judge said he accepted Mr Meagher's evidence that the other man had responded: "He won't, I'm his solicitor" and that, without any further discussion or warning, Mr Meagher was knocked unconscious.
The judge found, on the balance of probabilities, that there were no security men, or even car attendants, on duty at the time.