A married 47-year-old man has had his Personal Injuries action dismissed in the Circuit Court.
Magnus Osa Izedomwen, a qualified Security Operative with an address in Dublin 15, took the case against his former employer, RFC Security Limited, as well as the premises he was working in at the time of the incident accident, Rick’s Burgers on Dame Street in the city centre.
When asked about the details of the incident by his Counsel, Mr. Izedomwen informed the Court that in the early hours of Monday the 18th of January 2016 he was racially and physically assaulted by two female American tourists when he had asked them to stop putting their feet on the tables of the restaurant. This lead to him sustaining minor injuries to his cheek and hand.
When cross-examined by defence Counsel, Eamon Marray BL (instructed by Mary Byrne of OBL Solicitors), it was put to Mr. Izedomwen that he had given different accounts of how the incident occurred to his Solicitor, a Doctor, and via his PIAB application and that his evidence given to the Court today could not be believed.
It was further put to the Plaintiff that he was the Security Operative on the night of the incident and that if he had believed the two individuals who allegedly assaulted him were of any danger, he should have excluded them from the premises.
Detective Garda Christopher Fitzgerald of Pearse Street Garda Station gave evidence of attending at the scene of what he noted to be a minor assault and that none of the parties to the incident made a complaint either on the night or subsequently to it. As such no Garda investigation followed.
Security Expert Joe Leahy outlined to the Court his belief that an unsafe system of work was in place and that had there been another security operative in situ with Mr. Izedomwen, the incident would not have happened.
Judge James O’Donohoe at this point noted that the very nature of the business being conducted by Rick’s Burgers at the time of the incident was conducive to people being on the premises in a state of intoxication and that minor incidents of this nature must surely be common place. The Judge went on to ask what more could the First Named Defendant have done to prevent the incident given how quickly it happened.
In giving Judgment, Judge O’Donohoe accepted that while Mr. Izedomwen had indeed suffered a minor assault at the hands of two females, and while the Court had sympathy for him, Mr. Izedomwen was a fully trained and qualified Security Operative who was tasked with securing a premises where there was a high likelihood of people attending at same who would be under the influence of alcohol to some degree or other and that no matter how many security operatives were in place at the time, the incident was not possible to stop as it happened so quickly. The Judge dismissed the Plaintiff’s claim against both Defendants.
In his application for costs, Eamon Marray BL submitted that a full defence to the Plaintiff’s claim had been maintained throughout and that costs must follow the event.
Judge O’Donohoe said he was not going to penalise the Plaintiff’s with a Costs Order however he vacated all previous Costs Orders obtained by the Plaintiff against the Defendant’s prior to the Hearing leaving both sides to pay their own costs.
Dublin Circuit Court
Tuesday 25th October 2022 4:00pm
Before His Honour Judge James O’Donohoe
Dublin Circuit Record No. 524/2017
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