The daughter of a man sadly passed away following a heart attack has been awarded €30,000 personal injury compensation in a High Court settlement. Before having the heart attack he had been thrown out of a late night bar by security staff at the venue.
The deceased man, Paraic O’Donnell, was 39-years-old at the time of his death and had an address at St Finian’s Close, Achill Sound, Achill, Co Mayo, had been suffering from an underlying health problem. He suffered the heart attack as he was being taken to a Garda Station, in the aftermath of being removed from Cox’s Late Bar in Castlebar, Co Mayo, on June 6, 2012 for alleged threatening behaviour.
12-year-old Edel O’Donnell , the man’s daughter, took the personal injury compensation action via her mother Claire Scahill, against the licensee of Cox’s, two security personnel who threw removed him, the Garda Commissioner and the Ministers for Justice and Finance.
Legal representatives for Edel, Conall MacCarthy BL, said it was a very unfortunate and tragic case in which Mr O’Donnell was customer of the bar and suffered from a chronic underlying condition when he was removed from the premises and before having a heart attack which led to his death.
Throughout the case it was claimed that when he arrived at Castlebar Garda Station, Mr O’Donnell was not responding. Due to this he was brought to hospital for emergency treatment. How before any treatment could be administered he had died.
The licensee made the argument that reasonable force was employed remove Mr O’Donnell after he had engaged in violent and threatening behaviour towards the security personnel. The State legal representatives refuted the allegations and said he caused and/or added to the issues which lead to his death.
The case against the Cox establishment and the security men was struck out and the settlement offered was against the gardai and the ministers.
In relation to liability, legal counsel was given that said there could be difficulties in establishing liability as the licensee was acting within the law when Mr O’Donnell was removed from the pub. The same problems were also in to be seen in relation to liability against the State bodies.
Presiding Judge Justice Simons said it was clear to see from the case the public house discharged its duty of care and it was not obvious what argument would have been made against the State bodies. He concluded that he had no hesitation in approving the settlement sum of €30,000 agreed.