GOING AROUND “biting pieces off people” is something which should not happen in any civilised community, a High Court judge said yesterday.
The judge made the remarks when awarding €40,000 damages to a man who had part of his ear bitten off in a Dublin city centre nightclub.
Mr Justice Peter Charleton also noted the same thing had happened to another man just five minutes earlier at the same nightclub, Sidewalk Night Club, Upper O’Connell Street, on February 3rd 2002.
Darren Curneen (28), Oakwood Grove, Clondalkin, had sued Lacefield Taverns Limited, trading as Sidewalk Night Club, over the incident. It was alleged the defendant, who did not defend the case and was not represented in court, breached a duty of care to Mr Curneen. Gerry Tynan SC, for Mr Curneen, said his client’s attacker was arrested with blood on his lips and face. He was later dealt with by the criminal courts and had pleaded guilty. His client had been offered plastic surgery but was told there was no guarantee how that would result, counsel said. It was possible the disfigurement could be worsened.
Mr Justice Charleton said the circumstances of the case were “extraordinary and distressing” where a young carpenter went out socialising to a nightclub and had the top of his ear bitten off while on the dance floor.
Unbelievably, the court had heard another man had the same thing happen him only five minutes earlier, the judge added.
There was “a fad” about 10 years ago where people were hitting other people on the street for no reason whatsoever, he said. That was “bad enough but going around biting pieces off people is something which should not happen in any civilised community”. Mr Justice Charleton said it was clear the nightclub controlled the premises and had a duty of care to those present. It should have dealt with the attacker and protected patrons.
When the attacker was eventually arrested, he was covered in blood on the lips and face, the judge said. It was “pretty obvious that you can’t go around biting off bits of people”. There was a clear want of care in relation to Mr Curneen, he found.
In evidence earlier, Mr Curneen said he was on the dance floor when he felt a sharp sensation from behind. “I just put my hand to my ear and noticed blood on it.”
He said he went to the bathroom and was asked by a doorman if he needed an ambulance and replied: “Of course I do.”