A woman is suing the pub owned by Darryn Lyons – former Geelong mayor – after being assaulted by another patron that she says should have been removed earlier.
Rebecca Gerdsen lodged a writ with the County Court over the incident on 6 February, 2021.
She had gone to the Elephant and Castle Hotel on Geelong’s McKillop St with a group of friends, arriving around 7.30pm.
It’s claimed that another woman, Shae Macnamara, touched her derrière, and when rebuffed “continued to act in an aggressive and intimidating manner” toward Gerdsen, who subsequently informed security and asked them to remove the other woman.
But Macnamara was not removed, and reportedly continued to be served alcohol.
Later that evening Macnamara found herself in the company of security personnel, and managed to punch Gersden, who was standing nearby, in the face. She claims to have suffered an eye injury, chronic pain and PTSD.
Ms Gersden has now launched legal action against both the hotel and SMD Security over the incident, the court action calling for a County Court trial in front of only a judge.
The writ claims negligence on 16 counts, including inadequate policies, allowing Macnamara to remain on the premises and continuing to serve her alcohol despite the complaints and her signs of intoxication, and failing to restrain Macnamara.
This same list of allegations has also been directed at SMD Security.
Darryn Lyons, born in Geelong, became known as an internationally successful photographer. He has starred on reality TV shows and was famously mayor of Geelong from 2013 to 2016.
The Elephant and Castle filed a response with the court denying all allegations and offering a counter claim that it was in fact Gersden who might be seen as negligent, having failed to leave the venue if she felt unsafe, and having not kept “lookout” for an assault by Macnamara.
