€750 000 COMPO FOR MAN ‘THROWN TO THE WOLVES‘
Innocent nurse ejected from deli left at mercy of attackers
A MAN who suffered a serious brain injury in an attack outside a newsagent has been awarded €750,000.
Cian Mccarthy cracked his head off the ground after being punched at the Centra on Grand Parade in Cork city seven years ago.
The psychiatric nurse had earlier been escorted from the shop following a row at the deli counter with three people who jumped the queue.
Mr Mccarthy, of Dwyer Road, Midleton, Co Cork, had gone to the Centra on Halloween night 2011 at around 2am with his fiancee.
When the 32-year-old objected to the queue-jumping, one man hit him around the mouth.
A security guard handed Mr Mccarthy over to a colleague but failed to tell him he was the innocent party.
Mr Mccarthy was ejected from the shop but was followed and chased by the three involved in the row.
He tried to return to the store for safety but the second security guard refused him
Cian Mccarthy entry and pushed him backwards. As he was falling, he was grappled by the first queue-jumper.
The impact knocked down a woman who was standing nearby.
Mr Justice Cross said: “Unfortunately the young woman’s boyfriend intervened with a massive punch to Mr Mccarthy’s head causing him to fall to the ground, crack his head and suffer a serious head and brain injury.”
That man was later sentenced to five years jail with the last two years suspended.
Mr Mccarthy had sued Herlihy Supermarket Group of Fermoy, Co Cork, and Tekken Security of Dublin for removing him from the store and preventing re-entry. The claims were denied.
However, Mr Justice Cross said while they were entitled to eject Mr Mccarthy, the first security guard should have noticed the three queue-jumpers following him and explained the situation to the second guard.
He added: “Eviction cannot involve the person in effect being thrown to the wolves with the property owner having no concerns of legal liability for anything that occurred once the eviction had
taken place.”