A FARMER attacked by a local man who mistakenly believed he was having an affair with his wife has been awarded €43,120 damages by a High Court jury.
Brendan Rooney (52), Moneygold, Grange, Co Sligo, had sued Michael Feeney, Brookfield, Cliffoney, Co Sligo, over the unprovoked assault which left the sheep farmer with a broken jaw, bruising to his face, rib injuries and post-traumatic stress.
Mr Feeney did not defend the action, and a jury of six men and six women were told by Mr Justice Éamon de Valera yesterday that their only task was to assess damages for his injuries. After an hour and 20 minutes of deliberation, the jury assessed total damages at €43,120, including €25,000 in compensatory and €12,500 in exemplary damages.
The court heard Mr Feeney had pleaded guilty to assault in Sligo District Court in July 2009 and, after paying €2,500 in compensation, was dealt with under the Probation Act. Damien Keaney, for Mr Rooney, told the High Court yesterday that Mr Feeney’s lawyer had claimed at that hearing the assault happened in “a moment of madness”.
During his evidence, Mr Rooney, a father of three, fought back tears repeatedly. He said he knew Mr Feeney and his wife socially and used to drink with them in the local pub.
He said he was working in a shed beside his home on May 4th, 2008, when Mr Feeney, who had drink taken, entered with his son.
Mr Rooney said Mr Feeney accused him of having an affair with his wife and then poked him in the shoulder with an umbrella. He said Mr Feeney then left with his son, who told Mr Rooney to “watch your back”.
Mr Rooney said he did not say anything because he did not know what to say, and had no idea where Mr Feeney got the idea he was having an affair with his wife.
There was absolutely no truth in that, Mr Rooney said. Asked by his counsel whether there was any time before this when things went sour between them, he said: “Not at all.” He had not reported the incident to gardaí because he was embarrassed and did not want his neighbours to find out.
About three months later, on August 30th, Mr Rooney said he was drinking in his local bar, Harrisons, when Mr Feeney and his wife were also there.
As he was turning to speak to other people playing cards, Mr Feeney had without warning walked over to him and “flattened” him, Mr Rooney said.
He was taken to Sligo hospital by a garda but discharged himself because he was due to go to Spain the next day for a week for his 25th wedding anniversary.
That was a mistake because, apart from other injuries, his jaw was broken and he was unable to eat, he said. When he returned he had to have surgery and still suffers pain in his face, he said. The psychological effect of the assault stayed with him and he hardly ever socialised now. He was frightened of coming across Mr Feeney, who is bigger than him, he said. He had 12 counselling sessions and was diagnosed with post-traumatic stress disorder.
He said he met Mr Feeney on a road after the District Court case and that Mr Feeney had spat at him. He did not believe Mr Feeney’s claim the pub assault was a moment of madness.
Mr Rooney’s wife said he used to go out regularly but it was very hard to get him to go out now.