A MAN who claimed the owner of a Dublin pub told him to go home and change out of his pyjamas before locking him in a "full Nelson" in the men's loo, has lost a €38,000 damages claim for assault.
Jason O'Neill, of Dunard Road, Blackhorse Avenue, Dublin was also directed to pay the legal costs of Richmond Properties (Ireland) Limited, which trades as Nancy Hands pub in Parkgate Street.
Mr O'Neill (41) told Judge Jacqueline Linnane in the Circuit Civil Court that on September 11, 2006, pub owner Fran O'Reilly slagged him off about his tracksuit bottoms and made a show of him in front of his drinking buddies.
He said he had followed Mr O'Reilly into the toilets to protest and was whisked around and locked in a full Nelson hold. He had turned blue and had been unable to breathe.
Mr O'Neill told barrister Deirdre Byrne, counsel for the publican, that he knew Mr O'Reilly had introduced a new dress code banning tracksuits.
He denied having taken a swing with his fist at Mr O'Reilly who had earlier referred to his clothing as 'PJs'.
Mr O'Neill told Ms Byrne he had gone to the pub and had drunk between five and seven large bottles of cider.
He had gone to his solicitor within a fortnight but had not gone to see a doctor about a painful neck until 15 months after the incident.
Mr O'Reilly told the court he had spoken discreetly to Mr O'Neill about the new dress code rules. He had been followed into the toilet by Mr O'Neill who grabbed him and swung his closed fist at him. He had put him in a lock to save himself from being head butted.
Judge Linnane said CCTV coverage of the incident was timed at between 1am and 2am the following morning. She was not satisfied Mr O'Neill had suffered any injuries as a result of what had taken place in the lavatory.