Man awarded damages following assault by brothers-in-law

Ray Managh

A sales manager who was beaten up in his Dublin home by two of his brothers-in-law from Northern Ireland has been awarded damages for assault against them in the Circuit Civil Court.

Richard Coady said that on February 4th, 2014, Paul Daniel McCurry, of Ballybough Road, Ballybough, Castlewellan, Co Down, and his brother James McCurry, a debt collector, of John McCurry & Sons, Ballyeamon Road, Cushendall, Ballymena, Co Antrim, called to his home in Milltown, Dublin.

Judge Terence O’Sullivan heard that Mr Coady had declined to allow them entry to his family home and that shortly afterwards the door was opened to them by Mr Coady's wife, who is their sister.

The brothers were sued for €60,000 damages by Mr Coady, with a temporary address at Ryevale Lawn, Leixlip, Co Kildare, but neither of them had responded to his proceedings and did not turn up or court nor were they legally represented. No defence had been entered by them.

Mr Coady told his counsel, Donnchadh Morgan, who appeared with PJ Byrne Solicitors, that when the McCurrys entered the house at about 8.20pm, they forced his phone from him and knocked him onto the couch, kneeling on his chest and punching him in his head and face.

He told the court they were both big men and forced him onto the floor where they continued to punch, coerce and threaten him.

He had screamed as loud as he could and when he screamed a second time, he succeeded in extricating himself and escaping with his phone through the back door.

He told Mr Morgan that his brothers-in-law had travelled for hours to mount their assault on him and while he had made a call to gardaí and had spoken to them, he had not proceeded with a criminal action against the men.

He had been bruised as a result of the assault and had to have counselling, the court heard.

Mr Coady claimed he had lost substantial income between 2014 and 2016 as a result of what happened and suffered confusion and anxiety following the attack.

Judge O’Sullivan said being assaulted in his own home had been a very frightening incident for Mr Coady, adding that it had taken him a number of years to get over.

The judge awarded Mr Coady €15,000 damages and legal costs against both brothers.