A man who claimed he suffered a knee injury as a result of falling on the ground after being pushed as he left a Dublin city pub has been awarded €100,000 damages by the High Court.
Construction worker Hubert Morawice suffered a fracture of his right kneecap and claimed that happened as a result of being pushed as he left 'The Living Room' pub off Cathal Brugha Street, Dublin, almost seven years ago.
Mr Justice Kevin Cross said Mr Morawice came here from Poland to work “all the hours God gave him” as a builder.
He was socialising with his friends in the pub on March 20th 2008 and was leaving when he was pushed and fell to the ground.
Mr Morawice, the judge said, had impressed him as an energetic young man who did not exaggerate his injuries or sit back in the hope of compensation but tried to go back to work.
The judge said he found he could not keep up with his colleagues and the injury was not insignificant. Mr Morawice has been left with a 10cm scar and the risk of developing arthritis at a later stage, he said.
Mr Morawice (32) Windsor Villas, Fairview, Dublin had sued Murraywalsh Ltd with offices at Parnell Street, Dublin, which was the licensee and operator of The Living Room pub at the time.
It was claimed excessive force was used by a person whom Mr Morawice believed was a member of staff and that he was pushed and caused to fall heavily on the ground.
Judgment was previously obtained against Murraywalsh Ltd in default of appearance and the case was before the court for assessment of damages only.
Gabriel Gavigan SC, for Mr Morawice, said he had sustained a nasty injury to the knee and could not work for a year afterwards. He was several months in plaster of paris and also had to have screws insterted to hold his kneecap in place.
In evidence, Mr Morawice said he and a group of friends were having their second pint whern a security man asked them to leave. They left their pints and went towards the exit.
He said the group were chatting at the door to the security man saying they did not want trouble when he was pushed by what he thought was another member of staff.
He said he could not now ski or snowboard which he loved to do and would return every year to Poland for the sport.