70-year-old fails in bank raid damages claim

A 70-year-old woman who was held at gunpoint in an armed bank raid has failed in a €38,000 damages claim for personal injuries…

A 70-year-old woman who was held at gunpoint in an armed bank raid has failed in a €38,000 damages claim for personal injuries against Irish Nationwide Building Society.

Dympna O'Brien, of Charlemont, Griffith Avenue, Dublin, told the Circuit Civil Court yesterday a raider grabbed her around the neck and shoulders and put a gun to her head in the building society's Drumcondra, Dublin, branch in July 2001.

Just after she had lodged €6,000 in cash the gunman had put the gun to her head and shouted at the cashier: "Give us the f...ing money. Give us the f...ing money."

Mr Justice Esmond Smyth was told the money had been handed over to the raider by the cashier.

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Ms O'Brien had claimed €38,090 for personal injuries, loss, damage and expense suffered by her due to alleged negligence and breach of duty.

She said the building society had been negligent in the management, care, control, security and training at its Lower Drumcondra Road branch where the raid had taken place on July 31st, 2001.

Andrew Walker, counsel for the building society, said the Irish Nationwide denied it had in any way been negligent.

Although the man had been allowed to enter like any other customer by using a door buzzer he had immediately been handed the money he had demanded on producing the gun.

He said Ms O'Brien had not been at a loss financially.

Medical evidence showed Ms O'Brien had suffered severe shock and her short-term memory had been impaired as a result of the robbery.

Robert O'Brien, Ms O'Brien's husband, said that while his wife could remember what had happened a long time ago "he would have to remind her of what had happened this morning" .

Judge Smyth said there was no evidence of any proof of negligence in the precautions taken by Irish Nationwide on the occasion of the robbery.

He refused an order for legal costs against Ms O'Brien.