A financial consultant told a court yesterday he thought his dentist was going to throttle him in the chair after he had queried the suggested amount of dental work.
Donal Leahy claimed his dentist, Dr Oliver Grant, had turned beetroot with rage and said: "You know what you can do now. You can f*** off. You can just p*** off out of here."
He told his counsel, Damian Sheridan, that Dr Grant had pressed a button which had almost catapulted him from a reclining position out of the chair.
He had grabbed him by the shoulders and had shoved him out of the chair telling him to go and annoy some other dentist.
Mr Leahy, Aughrim, Co Wicklow, told Gabriel Gavigan, for Dr Grant, that he operated as a financial consultant in Dublin and Wexford. He was suing Dr Grant for assault which Dr Grant had denied.
Mr Leahy's claim was struck out in the Circuit Civil Court following the hearing of only one witness for the defence.
On February 19th, 2004, during an appointment with Dr Grant at his Pembroke Road surgery in Ballsbridge, Dublin, Dr Grant had told him he required two fillings and the removal of plaque.
This had surprised him as only a fortnight previously his dental hygienist, Siobhán Byrne, had told him his teeth were good and that he did not require any dental work.
Dr Grant said: "Do you want to listen to someone who cleans your teeth or a proper dentist?" He seemed to have some sort of beef with Ms Byrne's advice.
Mr Leahy said that after he had put his coat on and left he went back into the surgery for his mobile phone and some documents he had left on Dr Grant's desk.
After having left Dr Grant's surgery he had gone to see Ms Byrne who operated in the same building a floor below Dr Grant.
Later he had complained to the gardaí about an assault but no prosecution had been taken against Dr Grant.
When cross-examined by Mr Gavigan, Mr Leahy denied having said to Dr Grant: "What's going on here? You are telling me one thing and Siobhán is telling me another."
Mr Gavigan said Dr Grant would say in evidence that he had muttered to himself "Oh for f***'s sake, not again," referring to Mr Leahy's query about the dental work. He would say Mr Leahy had queried his diagnosis before.
Mr Leahy said Dr Grant had not told him he did not wish to treat him again. When he had returned for his mobile phone he had felt Dr Grant might make a swipe at him. He denied having told Dr Grant he would see him in court.
Siobhán Byrne said Mr Leahy had visited her room following the incident. She recalled Mr Leahy telling her Dr Grant had physically and verbally abused him and had told him to f*** off and p*** off.
Dental nurse Ita McManus told Judge Joseph Matthews she had operated the dentist's chair to raise Mr Leahy to a sitting position. It did not have a "fast forward" button.
"It was like Mr Leahy was not listening to what Dr Grant was saying. Dr Grant turned around and he did go 'Oh for f***'s sake.' It was like a sigh. He had never said 'f*** off out of my surgery'," Ms McManus said.
Judge Matthews said Mr Leahy was a man of sensitivity, integrity and ability.
His perception on the occasion was of a rude, aggressive man. Rudeness was capable of being dealt with by seeking services elsewhere.
It was capable of being misconstrued by a sensitive person as an assault when none had been intended and none had actually happened.
Following the judge's remarks both parties entered into talks and later the court was told the matter had been "determined" and could be struck out.
Judge Matthews wished Mr Leahy and Dr Grant, who did not have to give evidence, all the best in life.