A man who was left with a brain injury after he was viciously beaten with a crowbar has settled a High Court action for €2 million.
The High Court was told that Mark Lahive from Ballyvolane in Cork as subjected to a terrifying assault as he loaded his work van at a Cork business park in April 2015.
Two men were later jailed by Cork Circuit Criminal Court after pleading guilty to assault causing serious harm at Exchange Business Park, Churchfield, Cork.
The 47-year-old from Ballyvolane in Cork had sued his then employer Robert Roberts Ltd, with registered offices at MillBank Business Park, Lucan, Dublin; the operator and managers of Exchange Business Park Management Company Ltd with registered offices at Blackpool, Cork and the two assailants who were both in their 20s at the time.
Mr Lahive claimed against his employer that there was an alleged failure to provide a safe place of work and against the business park operators that there was an alleged failure to take any, or any adequate or proper steps so as to protect him from the potential of assault.
The claims were denied and it was contended by Robert Roberts Ltd that there was contributory negligence by Mr Lahive because he had allegedly confronted the two young men in circumstances where he knew or ought to have known that it was unsafe and dangerous to do so.
Exchange Business Park Management also claimed contributory negligence in that Mr Lahive had allegedly decided to use an iron bar as an implement of alleged threat. All these claims were formally withdrawn.
The plaintiff who had worked as a sales representative said the attack had destroyed his life.
He said he was "fit as a fiddle and enjoying everything, but from that day of the attack, everything was turned on its head. It has crucified me", he said.
He also said the claims of contributory negligence levelled against him in the proceedings had upset him. "They were trying to blame me. For the last eight years and eight months it has destroyed me," he told the judge.
Senior counsel Oonagh McCrann said that allegations of negligence and contributory negligence levelled by Mr Lahive's employer and the business park operators against him over the attack were being formally withdrawn as part of the settlement.
She said the allegations had greatly upset Mr Lahive and his family.
She said they centred on a crowbar he had picked up when he saw two men trying to break into his van in the business park. The crowbar later dropped out of his hand when he fell and was used by the assailants in the attack, Counsel said.
Approving the settlement, Mr Justice Paul Coffey said it was regrettable that the "unfounded allegations of negligence and contributory negligence" had ever been made and withdrawn so late.
The judge said Mr Lahive and his family had suffered enormously.
A separate action by Mr Lahive's wife Rebecca for nervous shock was also settled and struck out.
Jamie O’Brien of 23 Meadow Hills, the Meadows, Hollyhill, Cork, was jailed for six years with the last year suspended, and Eddie Murphy of 57 Kilmore Road, Knocknaheeny, was jailed for six years at Cork Circuit Criminal Court for the assault.
