herald

Wednesday 23 August 2017

€12,500 for builder bitten by army man

Derek Farrell. Photo: CourtPix
Derek Farrell. Photo: CourtPix

A BUILDER who was bitten on the face by an army medic outside a pub was yesterday awarded €12,500 damages in the Circuit Civil Court.

Nicholas Duffy (43) said that two days before Christmas 2010, he had been out with work colleagues at McGowans pub, Phibsboro Road, Dublin.

An altercation occurred after one of his friends bumped inadvertently into army medic Derek Farrell, who had become aggressive and abusive.

Mr Duffy, of Lower Dorset Street, Dublin, said he tried to calm down Farrell and one of his friend's.

Farrell had lashed out at him and bit him on his left cheek.

Barrister Hugh Byrne told the court that Mr Duffy had been bleeding and was taken to the Mater Hospital, Dublin.

He had been prescribed antibiotics and painkillers, along with a tetanus vaccination. He had developed anxiety, which had resolved after a few months.

The court heard Mr Duffy's wound had left a 3cm scar.

He sued Farrell, of Park Ridge, Grangerath, Drogheda, Co Louth, for damages.

Mr Byrne told the court that Farrell, who was later charged and prosecuted, had pleaded guilty to assault, but had not been sentenced because he was following a Restorative Justice Programme.

Farrell said he bit Mr Duffy because he had felt threatened by him and his colleague. Farrell had been "boxed against the wall" and said he reacted in a self defence manner.

Judge Jacqueline Linnane, who did not accept there had been contributory negligence on Mr Duffy's behalf, said Mr Farrell had struck the first blow.

She awarded Mr Duffy €12,500 damages, along with his legal costs.

hnews@herald.ie

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