Callery v. Sinnan Inns Ltd. t/a Clifton Court Hotel [2002] IEHC 111 (28 November 2002)

Callery v. Sinnan Inns Ltd. t/a Clifton Court Hotel [2002] IEHC 111 (28 November 2002)

The court found that the evidence did not support the plaintiff's claim that his finger was bitten by security staff and that the force used was reasonable in the circumstances to restrain an aggressive individual. Therefore, the appellant was not liable for the plaintiff's injuries.

Citation
[2002] IEHC 111
Parties
Plaintiff/respondent: Thomas Callery; Defendant/appellant: Sinnan Inns Limited t/a Clifton Court Hotel; Defendant: Security Extra Services Limited
Jurisdiction
Ireland
Judgment Date
28 November 2002
Procedural Posture
Civil Appeal / Appeal From Circuit Court Judgment
Outcome
appeal allowed; Circuit Court judgment against appellant set aside
Legal Topics
Personal Injury, Negligence, Use of Reasonable Force, Vicarious Liability, Assault
Tort Law Personal Injury Negligence Use of Reasonable Force Vicarious Liability Assault

Case Brief

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Parties

Thomas Callery

Plaintiff/respondent

Sinnan Inns Limited t/a Clifton Court Hotel

Defendant/appellant

Security Extra Services Limited

Defendant

Procedural Posture

Civil Appeal / Appeal From Circuit Court Judgment

Legal Issues

  1. 1 Whether the force used by security staff was excessive and constituted assault or negligence
  2. 2 Whether the injury to the plaintiff's finger was caused by biting by security staff
  3. 3 Whether the appellant is liable for the acts of the security firm's employees

Ratio Decidendi

The court found that the evidence did not support the plaintiff's claim that his finger was bitten by security staff and that the force used was reasonable in the circumstances to restrain an aggressive individual. Therefore, the appellant was not liable for the plaintiff's injuries.

Court Disposition

appeal allowed; Circuit Court judgment against appellant set aside

Orders

  • Order of the Circuit Court against Sinnan Inns Limited t/a Clifton Court Hotel set aside
  • No order made regarding Security Extra Services Limited as they did not appeal