An Essex man was awarded $7,000 Wednesday for pain and suffering from a broken jaw after an altercation with a group of men who were frequently in police custody.
Ian Morris told the Criminal Injuries Compensation Board that he was “sucker punched” in the head during a confrontation with some men in the parking lot of now closed Bennigan’s bar in Essex in May 2010. The punch broke Morris’ jaw in two places. He had emergency surgery and it was wired shut for 2 1/2 months. He ate a liquid diet for almost six months, lost 40 pounds and can’t regain the weight, still can’t chew properly and has headaches from clenching his jaw.
According to OPP Const. Ryan Burney, there were conflicting reports about how Morris, 47, was injured. Burney said the group of four men was known to police and got into trouble often for public intoxication, minor thefts, driving infractions, nuisance calls and violating probation.
Morris told the two-member board that he confronted a man named Leon to “clear the air,” and discuss why Leon was spreading rumours that Morris stole his property. At some point a man named Glenn inserted himself into the conversation and got in Morris’ face. Morris told police he pushed Glenn away from him after the two men came nose-to-nose. It was then that Morris was punched in the head from behind. He didn’t know who did it but later Leon told him Morris was assaulted by a man named Adam.
When police interviewed Leon, Glenn and Adam, they told police that Morris started the fight by grabbing Glenn but none mentioned Morris getting punched in the head. Even if Morris had started the disagreement, Burney said, he would have arrested the person who assaulted Morris because that was a crime of assault causing bodily harm. “That was a serious injury,” Burney said. Morris could not identify who hit him so the crown wouldn’t pursue the case, Burney said.
Board member Janet MacEachen asked Burney to give his opinion on how the altercation started. “I think there is alcohol involved on all sides or drugs,” he said. “I think (Morris) gets a call and is going to settle it. There’s some pushing, shoving, yelling and screaming. Maybe someone was coming into defense of a friend and Ian got the short end of the fight.”
MacEachen and board member Keith Forde decided that how the argument started was irrelevant. She said it was probably a matter of showing “bad judgment,” in confronting the men in the parking lot but she didn’t think it negated his claim for pain and suffering.
Outside the hearing room Morris explained that if he hadn’t confronted the men they probably would have broken into his home and stolen his property as revenge.
Find Windsor Star on Facebook
