Barman awarded €710,000 over brain injury in street assault

A Dublin barman who sustained a traumatic brain injury in a street assault has been awarded €710,000 by the Criminal Injuries Compensation Tribunal.

Stephen Plunkett suffered injuries almost 12 years ago after an altercation.

In the High Court on Wednesday, Mr Justice Kevin Cross approved the award to Mr Plunkett (32), from Blackrock, Dublin, arising from the assault at Torquay Road, Foxrock, Dublin on August 21st, 2006.

Eoin McCullough SC said that after a sole member of the tribunal had assessed Mr Plunkett was 50 per cent responsible and an award of €634,000 was reduced to €317,000, the Plunketts decided to appeal the decision to the High Court.

They asked that the matter be considered at a full oral hearing before a three-member tribunal.

In its determination, the tribunal noted after examining the Garda report on the case, that the evidence showed Mr Plunkett, while part of a group, verbally abused another group of people earlier on in the evening and this appeared to have been resolved by the shaking of hands between the two groups.

Horse play

Later in the evening, Mr Plunkett, in “horse play”, appeared to strike one of the other group on the back of the head with a light bamboo type stick and the group gave chase.

Mr Plunkett fell to the ground, struck his head and was kicked by others while on the ground.

The tribunal accepted Mr Plunkett was the victim of an assault and was satisfied he suffered his injuries as a result of a criminal act and should be admitted to the scheme.

While the tribunal stressed it was in no way of the view that Mr Plunkett deserved the serious assault that occurred, it could not ignore that the first physical assault which happened was perpetrated by him.

It acknowledged this was out of character for Mr Plunkett but deemed he was partially responsible in the case. Having decided on a deduction of 40 per cent on the final award, it made a total award of €710,000.

Approving the award, Mr Justice Kevin Cross wished Mr Plunkett and his family well for the future.