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ESB worker who was hit by angry motorist receives compensation of 60,000 euros

A former ESB worker, who told the court that an angry motorist brutally beat him and threatened to shoot him, has been awarded €60,000 in damages against his attacker.

Gerald Bowden, now retired and 71, of Whitethorn Park, Palmerstown, Dublin 20, told the Circuit Civil Court that he was regulating traffic at an ESB road excavation near Gracepark Heights in Dublin 11 years ago when the accident occurred. attack against him.

He told Judge Jennifer O’Brien that Razvan Tarziu, of Gracepark Heights, had objected to him placing a traffic cone in front of his van and got out and punched and kicked him, causing him to bleed and bruise.

“When two of the boys took him away from me, he said he was going to his house to get his shotgun and there would be a bloodbath and I would be the first to get shot,” Mr Bowden told his lawyer. Carrie Jane Canniffe.

Ms Canniffe, appearing for Bruce St John Blake Solicitors, told Judge O’Brien that there had been a gross evasion of service of Mr Bowden’s proceedings on the defendant and ultimately a default judgment had been obtained before another judge against Mr. Tarziu in his absence.

Bowden also sued ESB for damages, alleging that the company had allegedly been negligent in its duty of care to its employee. Defense lawyer Seamus Breen argued in court that ESB could not have foreseen any attack on Mr Bowden and that the case against his client should be dismissed.

The court heard that Mr Bowden, then an ESB driver, had been delegated responsibility for regulating traffic passing the excavation site, and had done so by placing a cone in front of traffic when he wanted vehicles to stop and allow the passage of traffic coming in the opposite direction. through.

He told Ms Canniffe that when he placed the traffic cone on the road in front of Tarziu’s approaching van, Tarziu went around him, forcing him onto the path. When the van stopped, she had walked over to find out what was happening and she could hear Tarziu’s wife crying and calling for her husband to get back into the van.

Bowden said Tarziu had hit him in the head and kicked him in the legs. “He grabbed me by the neck and tried to throw me to the ground,” he said. He said gardaí had been called and he arrived at the excavation site. After the incident, he was treated for injuries to his face and body and for the suffering he was suffering at the time.

Ms Canniffe told Judge O’Brien there had been no response from Mr Tarziu to the proceedings and she did not expect any presence in court on the defendant’s behalf. Tarziu had not appeared or defended himself and did not appear to defend Bowden’s €60,000 damages claim against him.

Judge O’Brien agreed with Mr Breen that there were no grounds for ESB to meet and dismissed proceedings against the company. He said the attack on Bowden had been cruel and awarded him €60,000 in compensation and legal costs against Tarsiu.