€231,000 damages awarded to man who suffered life-changing injuries in pub assault

The High Court has awarded €231,000 damages to a man who suffered severe “life-changing injuries” following an unprovoked assault in a pub.

Mr Justice Bronagh O’Hanlon made the award in favour of Oliver Bennett (64). He had sued both the operator of the pub and his assailant for damages.

In her judgment, the judge said Mr Bennett had shown “extraordinary fortitude, resilience and dignity” in how he has dealt with the injuries sustained after he was assaulted by John Codd at the Tir Na nOg Public House at Wellington Bridge, Wexford, on April 15th, 2009.

He suffered serious life-threatening head injuries and was left in a coma after the unprovoked assault.

Mr Bennett claimed, when he was in the pub on the night in question, Mr Codd approached him and became verbally abusive and threatening towards him.

He claimed a member of the bar staff became concerned about Mr Codd’s behaviour and went to get the bar’s licence holder, who was in another part of the premises.

Before she and her manager returned, Mr Bennett was repeatedly punched and fell to the ground. He sustained severe injuries to his head and was taken to hospital, where he was placed in intensive care.

In 2011, Codd of Kilderry, Ballymitty, Co Wexford, pleaded guilty before Wexford Circuit Criminal Court to assaulting Mr Bennett, and was jailed for 18 months.

Arising out of his injuries Mr Bennett of Cullenstown, Duncormick, Co Wexford brought civil proceedings against Codd, and against Wallace Tavern’s Limited, the operators of the pub who, he claimed, were negligent in failing to protect him and prevent the assault. The claim was not contested and the case was before the court for assessment of damages. Liability was not contested by Mr Codd, represented by Damien Sheridan BL, and the second defendant took no active part or made any representations during the hearing.

In her decision, Ms Justice O’Hanlon said Mr Bennett was a healthy, fit and hard-working man involved in the building trade before he was assaulted. Prior to the assault, Mr Bennett, who had his own company, had 300 workers under his management, the judge said. She accepted, as a result of his injuries, he is only able to do very limited tasks and now lives in sheltered accommodation. He had also suffered a stroke, brought on by his injuries, the judge said. The effects of his injuries will continue into the future, she added.

After the accident Mr Bennett had to re-learn how to do basic things such including how to walk, use a knife and fork and how to drive. He had suffered severe injuries, his communication skills are limited, he has memory loss, has lost his sense of feeling, does not notice when he injuries himself, and is afraid of talking to strangers. He has no social life, the judge said, adding Mr Bennett was being supported by his family.

Having regard to the circumstances of the assault, its effect on Mr Bennett, the current economic climate, and his ability to work, the appropriate award against the defendants was €231,000, she concluded. Mr Bennett was also awarded his legal costs against the defendants.

The judge also praised the Legal Aid Board office at Montague Street Law Centre, Dublin, who represented Mr Bennett, and Wicklow Law Centre, who represented Codd. Despite a lack of resources, the two offices had brought a difficult and unusual case to trial, she said.