Unprovoked attack claim dismissed

Sat, Feb 2, 2013, 00:00

Two men who claimed they were beaten up in an unprovoked attack by nightclub security men have lost their High Court action.

Scaffolder Robert Cumiskey (38) and taxi-driver Lee Hennessy (39) had sued Templeville Developments Ltd trading as Barcode nightclub at the Westwood Gym, Clontarf, Dublin, over the incident on October 17th, 2004, when they were refused entry to the club.

Mr Justice Kevin Feeney yesterday dismissed their claim for damages saying he was satisfied they had started the incident and the security men had responded in self defence but not with excessive force.

“When two fit athletic men resort to violence, they can only expect violence will be used in response,” he said.

He said he found the evidence of the security man to be more credible than that of the two men.