The Criminal Injuries Compensation Tribunal has awarded a Dublin barman €710,000 for traumatic brain injuries sustained in a street assault.
The injuries were suffered by Stephen Plunkett, now aged 32, from Blackrock, Dublin around 12 years when he was involved in what was termed ‘horseplay’ with a group of people. In the action that followed Mr Plunkett was chased and suffered blows to his head due to a fall and subsequent kicks to the head.
Mr Justice Kevin Cross Court approved the tribunal award to Mr Plunkett in relation to the suffering he sustained in the street attack which occurred at Torquay Road, Foxrock, Dublin on August 21, 2006.
The Court was advised that, as a sole member of the tribunal had determined that Mr Plunkett was 50% to blame and a street assault compensation award of €634,000 was re-evaluated as to the figure €317,000.
An appeal was brought to the High Court on behalf of Mr Plunkett. At this time all the details of the case were considered at a full oral hearing in front of a three-member tribunal.
The three-member tribunal remarked that, after examining the Garda report of the case the details indicated that Mr Plunkett verbally attacked a separate group of people earlier on in the night this seemed to have been settled by the shaking of hands between the groups.
It was claimed that Mr Plunkett, in appeared to strike a member of the other group on the back of the head with a light bamboo type stick, prompting them to chase him.
During the chase Stephen fell and hit his head. Member of the group are believed to have kicked him while he was on the ground.
It was determined, by the tribunal that Mr Plunkett should be admitted to the compensation scheme. As he was the victim of an assault and that he suffered his injuries following a criminal act.
It was also ruled that Mr Plunkett was, at least partially to blame for the incident and a deduction of 40pc was applied to the final award.
Mr Justice Kevin Cross approved the €710,000 street accident compensation award.