Toby Greene sued by security officer after Caulfield restaurant brawl
A security officer was repeatedly kicked and dragged down stairs by GWS player Toby Greene and a mate in a violent Caulfield assault. Now the guard is set to sue.
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Greater Western Sydney player Toby Greene is being sued over a drunken pub brawl, which left a security guard depressed and too injured to work almost five years on.
Security officer Terrence Payne, now 50, has launched legal action over the assault during which Greene, 25, and a mate dragged him down the stairs and repeatedly kicked and punched him at a Caulfield restaurant in 2014.
Mr Payne had attempted cut them off at the Zagame’s bar in March 2014 when the All-Australian launched a violent assault which included “headlock manoeuvre using legs”.
Court documents filed in the County Court last month state Mr Payne was “repeatedly punched and kicked, struck with a crutch and pushed to the ground” by the men.
The Giants midfielder pleaded guilty to assault in the Melbourne Magistrates’ Court and was fined $2500 without conviction.
Magistrate Franz Holzer said the stigma of the violent attack would stick with the him.
“Whether you like it or not ... this sort of behaviour is intolerable,” Mr Holzer said.
The former security officer told the court in 2014 one more kick to the head and “I could’ve been dead”.
Now he is suing Greene and his school friend, Balwyn Tigers’ player Charles Haley, as well as his security employer and Zagame Corporation for loss and damages, claiming he still suffers from post-traumatic stress and depression caused by the incident.
At the time of the assault Mr Payne was earning almost $50,000 a year working full-time, but due to his injuries - which include a broken finger which required surgery - he has been unable to return to work.
He is suing for loss of future earnings up until the age of 67 and medical costs, the statement of claim reveals.
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His employer, Secure Melbourne Protective Services, has hit back and claimed Mr Payne should not have let the drunk men into the restaurant to begin with.
In their defence response, the company claims Mr Payne was negligent in failing to ask the men to leave and prevent them from obtaining more alcoholic beverages.
They also claim the guard was negligent when he attempted to grab a drink from Greene’s hands as he was leaving the restaurant.
Greene has played 140 games for GWS.