A man who suffered severe "life changing injuries" following an unprovoked assault in a pub has been awarded €231,000 by the High Court.
Mr Justice Bronagh O'Hanlon said Oliver Bennett, (64) had shown extraordinary " fortitude, resilience and dignity" in how he has dealt with the injuries he sustained after he was assaulted by John Codd at the Tir Na nOg Public House at Wellington Bridge, Wexford on April 15th, 2009.
Mr Bennett had sued both the operator of the pub and his assailant for damages.
He suffered serious life-threatening head injuries and was left in a coma after what was an unprovoked assault.
Mr Bennett claimed that when he was in the pub on the night in question Mr Codd approached him and became verbally abusive and threatening towards him.
He claimed a member of the bar staff became concerned about Mr Codd's behaviour and went to get the bar's licence holder, who was in another part of the premises.
Before she and her manager returned Mr Bennett was repeatedly punched and fell to the ground. He sustained severe injuries to his head and was rushed to hospital, where he was put in intensive care.
Jail sentence
In 2011 Codd of Kilderry, Ballymitty, Co Wexford, subsequently pleaded guilty before Wexford Circuit Criminal Court of assaulting Mr Bennett, and was jailed for 18 months.
Arsing out of his injuries Mr Bennett of Cullenstown, Duncormick, Co Wexford brought civil proceedings against Codd, and against Wallace Tavern's Limited, the oeprators of the pub who he claimed were negligenct for failing to protect him and prevent the assault.
The claim was not contested and was before the court for assessment of damages. Liability was not contested by Mr Codd, represented by Damien Sheridan Bl, and the second defendant took no active part nor made any representations during the hearing of the case.
In her decision Ms Justice O'Hanlon said that Mr Bennett was a healthy, fit and hard-working man involved in the building trade before he was assaulted.
Prior the assault Mr Bennett who had his own company, had 300 workers under his management, the judge said.
She accepted that as a result of his injuries he is only able to do very limited tasks, and now lives in sheltered accommodation. He had also suffered a stroke, which was brought on by his injuries, the judge said.
Effects ongoing
The effects of his injuries will continue into the future, she added.
After the accident Mr Bennett had to re-learn how to do basic things such including how to use a knife and fork and how to drive.
He had suffered severe injuries, his communication skills are limited.
He has no social life, the judge said, adding that Mr Bennett was being supported by his family.
The judge said that having regards to the circumstances of the assault, the effect that it had on Mr Bennett the current economic climate, and his ability to work the appropriate award against the defendants was €231,000.
Mr Bennett was also awarded his legal costs against the defendants.
The judge also praised the Legal Aid Boards at Montague Street Law Centre, Dublin, who represented Mr Bennett, and Wicklow Law Centre who represented Codd.
Despite a lack of resources, the two offices the judge said had brought what was a difficult and unusual case to trial.
