A bodybuilding influencer who was brutally beaten with a bar stool has seen his compensation halved.
Clinton Chadwick was initially awarded more than AU$200,000 for medical bills and economic loss as a result of the violent brawl that occurred at The Bucket List bar in Sydney, Australia, in 2017.
CCTV footage showed a man called Stephen Martin beating Chadwick with a metal stool. Chadwick said at court that the attack left him with "psychiatric and psychological impairments" and a stiffness in his neck.
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The influencer also flogged racy snaps on an adult subscription site and was the founder of Rig Fit Activewear. He claimed his injuries meant he was unable to work, and that he became a recluse after suffering depressive episodes.
Chadwick took legal action against Bondi Beach Foods Ltd (owners of The Bucket List) as well as security contractor Crossguard. Both firms were held equally liable when the judge awarded Chadwick AU$200,706.40 in damages.
"Properly staffed, there was a real possibility that the fight could have been avoided," the judge said. "It was the responsibility of both defendants to monitor and, if necessary, evict Mr Martin and his group… I am satisfied that both defendants were aware that the Martin group (was) misbehaving."
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Both firms then appealed the decision, while Chadwick filed a cross-appeal in relation to the damages he was awarded. The Court of Appeal found that both Bondi Beach Foods and Crossguard had breached their duty of care to Chadwick for failing to have at least two licensed security guards on the premises at the time of the incident.
It also rejected Chadwick's cross-appeal, concluding that he would likely have continued attempting to run a loss-making business regardless of his injuries. It was concluded he could not prove any future economic loss as a result. This, as well as a deduction in damages for contributory negligence, saw his total payout reduced to AU$112,941.50.
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