Circuit Court President, Mr Justice Raymond Groarke, said Michael Halloran, of Braemor Drive, Churchtown, Dublin, had attempted to head butt one of two bouncers who were attempting to eject him from the club.
Halloran (29) said he was a broker with Aon Insurance and on January 26, 2012, was attending a work party with colleagues at Dicey’s Beer Garden, Russell Court Hotel, Harcourt Street, Dublin.
He said he had been dancing and when a colleague was ejected he had tried to have him allowed back in but had been pushed and grabbed by the neck and arms by security staff. He had fallen, hitting and injuring his head.
Halloran said an ambulance had been called but he had declined to go with them as he did not have the money with him to pay for emergency hospital treatment.
Barrister Desmond Dockery, who appeared with solicitors O’Riordan and Company for the hotel, told Mr Halloran he had been performing back and front flips on the dance floor and security staff had no option but to approach him.
Mr Dockery said “all bets were off when you head butted a member of security during an attempt to eject you.”
Judge Groarke, dismissing Halloran’s case and awarding costs against him, said he had probably erred on the side of caution when admitting he had eight pints to drink on the night. The security staff was entitled to expel him.
The judge said he had viewed cctv coverage of the incident and it seemed to him Mr Halloran had tried to head butt a bouncer.
“He was drunk..aggressive..argumentative..demanding..upset..angry..and belligerent. He did sustain an injury to his head but it was not as a result of an assault or negligence on the part of staff,” Judge Groarke said.
He said the actions of the bouncers were reasonable and the degree of force used was also reasonable. Halloran had conceded in evidence he had told staff he worked in insurance and that his injury was “a €100,000 case.”
“Let me say that even if the case had merit it should have been taken in the District Court. I find there was no assault and no negligence on the part of staff and I dismiss the claim with costs,” Judge Groarke said.
Halloran had sued P & B Security Services Limited, said to be in liquidation, and Triglen Holdings, trading as the Russell Court Hotel, Harcourt Street, Dublin.