A man who brought a civil action for damages against a publican over an alleged assault was ordered to pay legal costs yesterday after he failed to turn up for the hearing of his case before a jury in the High Court.
Seán Supple, a part-time fuel merchant from Toberpadraig, Boyle, Co Roscommon, had sued James G Mattimoe, proprietor of Mattimoe's, Bridge Street, Boyle, for alleged injuries which, he claimed, were the result of an alleged incident in the pub on August 19th, 2002. Mr Mattimoe had denied the claims.
The case was listed yesterday for hearing by Mr Justice Eamon de Valera and a jury. When it was called, Mr Joseph McGettigan SC, counsel for the publican, said Mr Supple's solicitors had come off record last November. Mr Mattimoe's solicitor had separately informed Mr Supple that the case was on yesterday but there had been no response.
After adjourning the case for a short time to see if Mr Supple would turn up, the judge dismissed the case. He awarded costs against Mr Supple.
The judge told people called for jury service that the case was about an assault in a pub but, because Mr Supple had not turned up, they would not be required.
The case related to an alleged incident when Mr Supple was in the pub with his partner and a neighbour. He claimed the neighbour got sick on the floor, after which a row broke out allegedly involving the publican, another man, Mr Supple and his partner.
Mr Supple claimed damages for personal injury, alleging his right arm was seriously injured when he raised it as he went straight through the pub window.