A husband and wife were set upon and beaten by security guards in a clothes boutique following a dispute over a receipt for a pair of trousers, a court heard yesterday.
Francis and Marie Ahern, Limetree Avenue, Portmarnock, Dublin, had sought €38,000 in damages from Magic Boutique Limited, McPhillips House, Parnell Street, Dublin, and Delta Security Limited, Foxrock Avenue, Foxrock, Dublin, for assault, battery and false imprisonment. Mrs Ahern had sued for damages for post-traumatic stress.
Mr Justice Esmonde Smyth was told at the Circuit Civil Court that Mr and Mrs Ahern's daughter had returned a pair of trousers to the Magic Boutique in the Ilac shopping centre because it had a broken zip.
Their daughter was told that they would send the trousers off to be repaired and she was not given back her receipt.
The following day, December 31st, 1996, Mr and Mrs Ahern went to the shop to get the receipt, saying their daughter was entitled to it.
Mrs Ahern claimed the shop's manageress repeatedly refused to give them a receipt because she did not have it.
Eventually, the manageress scribbled something on a piece of paper which she said was a receipt but, according to Mrs Ahern, it was illegible.
She claimed she asked for it to be stamped with the shop's logo and her husband said they would not leave the boutique until they got a proper receipt.
Mrs Ahern told her counsel, Damien Keaney, that the manageress told a security man to "get them out".
A security guard stood behind Mr Ahern and put his hand on his shoulder.
The court was told he was put in a headlock and received a number of punches from security guards. Mrs Ahern claimed that she had attempted to intervene and release her husband when someone said "get her off".
A fist hit her chest and propelled her across the shop leaving her dazed.
After the Aherns had completed their evidence, Mr Justice Smyth was told an agreement had been reached between the plaintiffs and the defendants.
The case was settled for an undisclosed sum, with costs awarded to the Aherns.
A statement read in court said Delta Security "apologised to Francis and Marie Ahern for the hurt and embarrassment caused to both of them arising from an incident".