A doorman who claims he suffered a spinal injury when he was knocked to the ground during a fracas between patrons in the pub where he worked has sued his former employer in the High Court.
Garrett Frampton (46), of St John's Park, Waterford, is suing Heffsa Ltd, which operated the Cleaboy pub in Waterford, when the incident happened on April 17th, 2016.
It is claimed, among other things, there was a failure to provide a safe place to work. The pub management should have known how drunk the patrons involved were as they were served drink throughout the Sunday afternoon when the incident occurred, it is claimed.
The defendant denies the claims.
Michael Counihan SC, with Elaine Morgan SC, told the court Mr Frampton had been working for three nights a week as a doorman at the pub when the bar manager asked him as he came on duty to keep an eye on three male customers as they were not regulars.
Mr Frampton told the court he knew one of the three men and told the manager this. A short time later, a member of staff came out to Mr Frampton who was on duty at the door and said the three were "messing in the smoking area" and were not going to be served anymore.
Mr Frampton went out to the smoking area and when he started to speak to them, it was clear they were really drunk. He said there was also "a bit of riff raff" going on with a young couple in the smoking area and he was concerned for them.
He told one of the three men he knew that they would not be served any more drink, and he offered to take the three of them home in his car as they only lived five minutes away.
Mr Frampton said he left them to get their coats while he told his security colleague in the lobby of the pub he was going to take them home.
He had just spoken to his colleague when an inner door opened and "they all came piling in on top of me".
He said he was not sure if it was three or five people who ended up on top of him after he was knocked to the floor.
A family who were in the pub were trying to get at the trio and Mr Frampton got up, got the three men to his car and drove them away, he said.
Mr Frampton said while he was "OK" after he got up off the floor and that adrenaline had kicked in at that stage, when he returned to the pub he was complaining about a pain in his back. He had to leave work early that evening because the pain was so bad.
Subsequently, he suffered episodes in which he said his legs suddenly went from underneath him.
He eventually went to hospital where he was sent for emergency spinal decompression surgery.
However, he said he continued to suffer from pain and other difficulties and spent a number of months in the National Rehabilitation Hospital. It had also affected his mental health, he said.
The case resumes next week before Mr Justice Micheál O'Higgins.
