Sunday 17 December 2017

'Blood everywhere' as man dropped woman on her head after pestering her, court told

Tasha Fitzsimons
Tasha Fitzsimons

A WOMAN has claimed she was picked up and dropped on her head by a man she did not know following unwanted pestering from him in a nightclub.

Tasha Fitzsimons (27) says she suffered head and arm injuries when the man dropped her on to the floor in Barcode Nightclub in Clontarf, Dublin, on December 22, 2008.

Ms Fitzsimons, of Glentworth Park, Ard na Greine, Malahide Road, Dublin, is suing Templeville Developments, trading as Barcode, which denies claims it was negligent, including by allowing an already drunk man into the club and continuing to serve him drink.

Ms Fitzsimons also claims there was a failure to properly supervise the club and it did not have enough security staff on that night.


The defendant says the incident as described by her did not happen, claiming there was horseplay between the man and Ms Fitzsimons, who it is suggested, got up on the man's back at one stage. She denies this claim.

Ms Fitzsimons claims the man had been drinking since lunchtime that day - which is denied - and he should not have been admitted to the club.

The High Court heard Ms Fitzsimons did not know the man but her sister Donna, who was with her that night, knew the man's male friend who was also at the club that night.

Ms Fitzsimons told the court she, her sister Donna, and a friend, had been at the bar when the man came over and started pestering her.

The three of them moved away to another part of the club but he followed them shortly afterwards and started putting his hands on her when the alleged picking-up incident occurred.

She was bleeding heavily after she hit the floor and later, when taken to hospital, she required sutures to her forehead and treatment for a broken left hand radial bone.

Ms Fitzsimons denied, under cross examination, that it was she who climbed up on the man's back or that the accident occurred as a result of her own actions.

Ciara Forbes, who was at the club that night with another group, said she noticed the man grabbing Ms Fitzsimons around the waist.

The next time she looked she saw Ms Fitzsimons on the floor "with blood everywhere".

Donna Fitzsimons told the court she told the man to go away twice before they left where they were standing to move to another part of the bar.

When he followed them a few minutes later, he made a "bee-line" for Tasha and she (Donna) again told him to leave her alone that "he was nearly ten years older than her and she wasn't interested".


However, he continued grabbing at her and pulling her top at which point Donna went over to the man's friend, who Donna had previously been friends with, and asked him to tell the man to get away from his sister.

The friend laughed and said he (the other man) had been drinking since 3pm that day. At that point, Donna heard screaming, and when she looked she saw her sister in a pool of blood.

The next day, Donna said she saw the man had posted on his Bebo page "sorry about last night".

She sent him a private message to phone her, and during the conversation he asked her what had happened because he could not remember as he had been drinking all day.

He said sorry and said he would like to buy Tasha flowers, but she never heard from him again, Donna said.

The hearing continues before Mr Justice Michael White.


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