$83,000 in damages for bouncer’s victim
AN Airlie Beach nightclub patron has been awarded $83,641 in damages after he suffered severe facial fractures when he was king hit by a bouncer.
The bashing victim was Anthony Eric Deguara, now aged 33, who suffered serious fractures to the eye, cheek and upper jaw.
He required treatment at the Proserpine, Mackay and Royal Brisbane Women’s Hospitals which included specialist surgery to insert metal plates and screws.
Mr Deguara was punched in the face by a bouncer at an Airlie Beach nightclub on May 1, 2005.
“As best as I can determine, it was a single punch to the face which caused extensive injuries,” Judge Nicholas Samios said when handing down the compensation award in the District Court (Civil).
In addition to the facial fractures, Mr Deguara suffered injuries to the joint which connects his jaw to the side of his head.
When it works well, it enables him to talk, chew and yawn.
But for people with the injury, problems with the joint and muscles around it may cause: pain that travels through the face, jaw or neck; stiff jaw muscles; limited movement or locking of the jaw; painful clicking or popping in the jaw; a change in the way the upper and lower teeth fit together.
Mr Deguara has lost feeling in some places of his face.
He suffers a significant snoring disability caused by nasal airway restrictions.
“Mr Deguara has given evidence that he continues to suffer from sleep apnoea,” Judge Samios said.
“He has been tired.
“He snores much more than he used to and he has to sleep in another room away from his partner and he does not sleep well.
“He also gets tired driving machinery and finds he cannot drive machinery because of the continuing effects of the restrictions on his nasal passage.
“This also has an impact on his earning capacity.”
His nasal restrictions are regarded as a permanent disability.
Mr Deguara currently works on a cane farm in a labouring capacity and he also does some managerial work but he can not gain employment at the mines if he wished.
The award of $83,641 in damages included general damages, past economic loss, past superannuation loss and future economic loss.
The court was not told what criminal sentence, if any, was imposed on the alleged assailant.