Man Awarded €750K for Street Assault Compensation

A man has been awarded over €750,000 Street Assault Compensation by a High Court judge.

The man, Cian McCarthy, was attempting to get back into a Cork shop as he tried to escape from potential attackers.  The shop owner denied him entry and he was later struck with a massive fist blow to the head. Mr McCarthy had earlier been escorted from the Centra store after a disagreement at the deli counter when somebody jumped the queue.

According to Justice Kevin Cross, Cian McCarthy was an innocent party and had sustained a severe brain injury in the assault outside Centra supermarket on Grand Parade, Cork city during the Cork Jazz Festival in 2011.

The Judge commented that the security guard at the shop in question should have recognised that the three individuals involved in the queue-jumping row were following Mr McCarthy and advised the second security guard on the premises of this. Justice Cross defendants’ duty of care did not end at the door of the shop.

He also ruled that in denying Mr McCarthy entry and in pushing him in the direction of danger, the defendants knew or ought to have been aware that Mr McCarthy would suffer some assault and potentially some injury.

The three people involved in the row about the queue-jumping followed Mr McCarthy out of the shop, chased him and tried to strike him with a box to the head. The judge remarked that Mr McCarthy did not resist and backed away trying to protect himself.

Mr McCarthy escaped from the attacker and ran towards the door of the shop seeking safety. The judge said the second security guard who was not aware that Mr McCarthy was the innocent party and did not witness him being beaten and pursued outside blocked Mr McCarthy’s re-entry to the premises. Mr Justice Cross concluded the security guard pushed Mr McCarthy back towards the crowd.

The judge held the best explanation for what occurred was a combination of the security guard’s push and the grapple with the other man which caused the clash knocking a young woman who was standing outside the shop.

He added: “Unfortunately the young woman’s boyfriend intervened with a massive fist 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 at Cork Circuit Criminal Court to five years jail with the last two years suspended for the assault on Mr McCarthy.

Mr Justice Cross granted a stay in the event of an appeal.

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