A security guard on a building site who was stabbed and beaten with an axe and hammer by two masked men has been awarded €106,000 damages by the High Court.
Ruslans Muhametgalijuvs, of Oakfields Heights, Naas, Co Kildare, had sued Stephen Moran, trading as Night Security, of Earlsfort View, Lucan, Co Dublin, and Gama Construction Ireland Limited, with offices at Century Plaza, Dún Laoghaire, Co Dublin, over the assault on April 17th, 2003.
He said he was employed as a security guard by Mr Moran and that Gama Construction had in turn employed Mr Moran to provide security guards at its site at Blakestown Road, Blanchardstown, Co Dublin. He claimed that, while working on April 17th, 2003, he was stabbed and badly beaten with an axe and hammer by unknown men wearing balaclavas.
Mr Justice Vivian Lavan ruled there was negligence on the part of both defendants and said he will give his decision on the defendants' claims of indemnity against each other.
In separate defences, both defendants had denied negligence or breach of duty. Both also pleaded that, if the alleged injuries were sustained, it was due to the negligence of the other defendant. Both also alleged contributory negligence by Mr Muhametgalijuvs.
Marcus Daly SC, for the plaintiff, said that as a result of the assault, his client was taken to James Connolly Memorial Hospital with multiple stab wounds to his face, head, forearm, back legs and arms. His computer and mobile phone were also stolen in the attack.
His client had sustained scars as a result of the attack and had a permanent deformity of his face. He had suffered psychologically. Mr Muhametgalijuvs was hospitalised for two weeks and was unavailable for work for six months, counsel added.
The defendants had a duty to ensure Mr Muhametgalijuvs was not exposed to unreasonable risk or injury, counsel said.