A 29-year-old Dublin mother, who thought she would be hit by a security guard who had allegedly told her to “shut her fucking mouth”, has lost a €38,000 damages claim for assault.
Ciara McGrath claimed in the Circuit Civil Court that in February 2012 she was at the Square Shopping Centre, Tallaght, Dublin, with some friends when she saw a Dunnes Stores security guard pushing a teenager.
The court on Thursday heard that Ms McGrath, who was eight months pregnant at the time, had been shocked by the guard’s behaviour.
She had commented to her friends that it was “completely disgraceful” as they were passing close to him.
Ms McGrath, of Tymon North Green, Tallaght, claimed the comment was overheard by the security guard, who allegedly told her to “shut her fucking mouth.”
She told barrister Shane English, counsel for Dunnes Stores, that she had been stunned and had later approached the guard for an explanation. He had started shouting and pointing aggressively at her.
The court heard he shouted at her “you fucking busybody bitch, you don’t have a clue.” Ms McGrath claimed the man was in her face with his arms raised and she had been terrified and shaking, as she thought he would hit her.
Barrister Conor Bowman, counsel for Ms McGrath, told the court that the test for the tort of assault was an apprehension of immediate battery.
Judge Petria Mc Donnell heard that following an explanation with Ms McGrath that day the store manager apologised and gave her and her friends €20 vouchers, as a complimentary gesture.
McGrath had gone to her doctor the next day, complaining of stress and anxiety. She sued the store for personal injury following assault, trespass and negligence.
Mr English, who appeared with Tormeys Solicitors, said the store denied liability as Ms McGrath had “approached without reason” the security guard, who now lives in Spain.
She had not been aware that several teenagers had been engaged in anti-social behaviour in the store, throwing cans and shouting abuse to staff and customers. This incident, the court heard, had given rise to the interaction she later witnessed.
Mr English said Ms McGrath had no cause of action and was not entitled to recover damages.
Following an application by Mr English to dismiss the claim, Judge Mc Donnell said she was satisfied that Ms McGrath’s claim was for upset and bad behaviour, and was not legally tenable. She dismissed her claim and awarded legal costs against her.