€30,000 personal injury compensation High Court settlement has been awarded to the daughter of a man sadly passed away following a heart attack. Prior to suffering from the heart attack he had been thrown out of a late night bar.
The man in question, 39-year-old Paraic O’Donnell with an address at St Finian’s Close, Achill Sound, Achill, Co Mayo, had an underlying health problem before the episode. He had the heart attack as he was being brought to a Garda Station following being expelled from from Cox’s Latebar in Castlebar, Co Mayo, on June 6, 2012 for alleged threatening behaviour.
The man’s daughter, 12-year-old Edel O’Donnell took the legal action through her mother Claire Scahill, against the licensee of Cox’s, two security staff who threw him out ejected him, the Garda Commissioner and the Ministers for Justice and Finance.
Legal counsel for Edel, Conall MacCarthy BL, said it was a very sad and tragic case in which Mr O’Donnell was a patron of the bar and suffered from a chronic underlying condition when he was ejected from the premises and later had a heart attack which he died from.
During the case it was alleged that when he arrived at Castlebar Garda Station, Mr O’Donnell was not responsive. He was then rushed to hospital for treatment but sadly before this could happen he had died.
The licensee argued that reasonable force was used to eject him after Mr O’Donnell had engaged in violent and threatening behaviour towards the security staff. The State parties denied the claims and said he caused and/or contributed to the matters which gave rise to his death.
The case against Cox’s and the security men was dismissed and the settlement offered was against the gardai and the ministers. Regarding liability legal advice provided was there may possibly be difficulties in proving liability as the licensee was acting within the law when Mr O’Donnell was ejected from the pub. The same issues were also in existence regarding liability against the State parties.
Mr Justice Simons said it was obvious from the case the public house discharged its duty of care and it was unclear what case would have been made against the State parties. He went on to say that he has no hesitation in approving the settlement sum of €30,000 negotiated.