IT WAS a night out on the town that ended with a fractured femur for Gladstone man Mathew Jason Carlyon.
The circumstances leading to his injury are being disputed in a civil jurisdiction trial for a personal injury claim, that started in a Rockhampton Court yesterday.
He told the court that on May 8, 2009, after a few rum and cokes with friends, he continued his night at the hotel. The mechanical fitter said he didn't feel like he was drunk when he arrived.
"I didn't feel like I was impaired," Mr Carlyon, 34, said.
He said that he went to order his drink and had been waiting behind a group of men.
He was allegedly refused service after a bartender said he knocked over a drink. Mr Carlyon said it wasn't him, but security told him to leave.
On his way to the door, he said he saw someone and went to say hi, when the security guard told him to leave again.
It was then that Mr Carlyon alleges he "was grabbed around the neck and my arms restrained behind me".
"I let them take me out instead of resisting," he said.
Carlyon said he was dropped at the bottom of the stairs and was in "excruciating pain".
But Richard Morton, who is representing the hotel, had a different story to tell.
He argued Mr Carlyon had a shot drink with some men at the bar and slammed his glass down, then was refused service and security was called. Mr Carylon denied having this drink.
Mr Morton said it was when Carlyon was taken by the arm that he made an aggressive move, and began kicking and resisting.
Mr Morton claimed the hotel manager spoke with Carlyon and asked if he wanted an ambulance.
Mr Carlyon said that did not happen, and he was carried to the taxi rank, where a taxi took him to hospital. The trial is expected to continue today.