$949,753 in damages and the case is dismissed

A MINER's bid for $1 million compensation after suffering a savage beating at a pub has failed after a Rockhampton judge found hotel staff had not failed in their duty of care.

Kenneth Livermore, 49, had sued the manager and licensee of the Eimeo Hotel (south of Mackay) after an unprovoked attack on him by two brothers in 1999.

Mr Livermore, who was an electrician at Oaky Creek mine (north of Emerald) at the time of the incident, said the hotel should have removed the men for their behaviour prior to his assault.

As a result of his fractured jaw and broken teeth he suffers from post traumatic stress and a variety of physical problems which include lower lip numbness, dribbling and losing the pleasure of kissing.

The Rockhampton Supreme Court heard Mr Livermore was drinking at the hotel about 9pm when he felt a tap at his shoulder.

A man said something to Mr Livermore which he was unable to hear.

He followed the person into a hallway and without warning the man punched him in the jaw.

Other patrons of the hotel intervened and the man left the hotel.

Mr Livermore returned to his seat and could feel broken teeth and a gap in his jaw.

After thinking about the likely costs associated with a broken jaw he decided to find out who his assailant was and went to the car park to talk to the man.

The man hit him in the face again before the man's brother king hit him from behind.

Mr Livermore fell to the ground and felt himself being kicked.

A witness Nigel Ranson said he recalled a noise like the crunching of bones in Mr Livermore's jaw.

Justice Peter Dutney assessed damages to Mr Livermore at $949,753 but dismissed the action, saying there was no conduct by the brothers prior to the first assault which would have required staff to eject them.

Mr Livermore has received $33,000 criminal compensation after the men pleaded guilty to assault.

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