An insurance broker, who was said to have been drunk and belligerent during an incident in which he alleged he was assaulted by bouncers at a Dublin night club, is facing a hefty legal bill after losing a €60,000 damages claim.
Circuit Court President Mr Justice Raymond Groarke said Michael Halloran, of Braemor Drive, Churchtown, Dublin, had attempted to headbutt one of two bouncers who were attempting to eject him from Dicey's Garden at the Russell Court Hotel in Dublin 2.
Mr Halloran (29) said he was a broker with Aon Insurance and on January 26th, 2012, was attending a work party with colleagues the Harcourt Street venue.
He said he had been dancing and when a colleague was ejected he tried to have him allowed back in but had been pushed and grabbed by the neck and arms by security staff. He fell and injured his head.
Mr Halloran said an ambulance was called but he declined to go with them as he did not have the money to pay for emergency hospital treatment on him.
Barrister Desmond Dockery told Mr Halloran he had been performing back and front flips on the dance floor and security staff had no option but to approach him.
Mr Dockery said “all bets were off when you headbutted a member of security during an attempt to eject you.”
Judge Groarke, dismissing Mr Halloran’s case and awarding costs against him, said he had probably erred on the side of caution when admitting he had eight pints to drink on the night. The security staff were entitled to expel him.
The judge said he had viewed CCTV footage of the incident and it appeared to him that Mr Halloran had tried to headbutt a bouncer.
“He was drunk..aggressive..argumentative..demanding..upset..angry..and belligerent. He did sustain an injury to his head but it was not as a result of an assault or negligence on the part of staff,” Judge Groarke said.
He said the actions of the bouncers were reasonable and the degree of force used was also reasonable. Mr Halloran had conceded in evidence he had told staff he worked in insurance and that his injury was “a €100,000 case.”
“Let me say that even if the case had merit it should have been taken in the District Court. I find there was no assault and no negligence on the part of staff and I dismiss the claim with costs,” Judge Groarke said.
Mr Halloran had sued P&B Security Services Limited, said to be in liquidation, and Triglen Holdings, trading as the Russell Court Hotel, Harcourt Street, Dublin.