The Karamesinis family – whose son Jerry died of head injuries after being hit by a bouncer at a Melbourne nightclub – have been awarded $350,000.
The 31-year-old died from head injuries after his head hit the ground after he was struck by a bouncer outside the 21st Century club in Frankston on May 12, 2007.
His parents Loukia and Petkos Karamesinis were this morning awarded $175,000 each after they launched a civil action against Australian Crowd Controllers Services Pty Ltd.
The parents of Jerry had lost another son, Andreas, a year before Jerry’s death by unusual circumstances.
Frank Saccardo, County Court judge, said he was not satisfied that bouncer Henry Vong had acted in self-defence when he hit Mr Karamesinis.
“I do not accept the assertion made by Vong that the deceased was the aggressor in the incident in which Vong made contact with him,” he said.
“(CCTV) footage does not support this position and it is contrary to all the eye witness evidence.
“I am satisfied that the situation did not justify Vong punching the deceased. In making this finding I make due allowance for the fact that the totality of the incident, which commenced with the pushing between the groups and concluded with Vong striking the deceased, took place in the course of only some 70-odd seconds; and accordingly that Vong had no opportunity for calm deliberation or detached reflection,” he said.
When deciding on the damages for the parents of Mr Karamesinis, the judge took into account the severity of the psychiatric conditions they faced after his death.
He said the couple had been “constantly focused upon the death of their children and the loss that they’re living”.
In his finding Judge Saccardo said medical evidence found Mr Karamesinis had become “reclusive” and had led to him “drinking to excess” as well as having a number of medical conditions.
“My impression of the effect upon each of them of the loss of both their sons was that, whilst each of the plaintiffs was significantly damaged by the loss of Andreas, the loss of Jerry has devastated them, stripping them of any hope with respect to the future, or of prospect of recovery from their illness,” he said.
“I accept that, to the plaintiffs their family life and their association with their sons gave definition and purpose to their lives, that with the death of Andreas, whilst that definition and purpose was damaged, it has been effectively destroyed with the death of Jerry.”
At a coronial inquest into the nature of Mr Karamesinis’ death, Judge Jennifer Coate, called for sweeping changes to the security industry. Improved training and a supervised probationary period before crowd controllers could be licensed were here recommendations.
Mr Karamesinis’s widow, Mirella, said at the time the introduction of the coroner’s recommendations would mean her loving husband had not died in vain.
“By improving the regulation of crowd controllers, it will go a long way to improving the safety of people who are having a good night out,” Mrs Karamesinis said.
“Jerry is one of 35 people who have died in or around licensed venues in Victoria in the past 10 years. I hope the authorities take action on the Coroner’s recommendations, because 35 people shouldn’t have to die when out with their friends.”
