The High Court awarded a garda €155,873.54 after finding that assaults during a 2007 patrol caused lasting physical and psychological injuries.
In a judgment delivered on 19 January 2015, Mr Justice Bernard J. Barton assessed the applicant’s claim under the Garda Síochána (Compensation) Acts 1941–1945. The award comprised €135,000 in general damages and €20,873.54 in special damages.
The court heard that the applicant and a colleague pursued a car after activating their siren and lights. The driver fled at speed, and the applicant was assaulted while trying to apprehend the female passenger and later assisting her colleague. The judge described the incident as a prolonged, violent struggle.
Medical evidence described injuries to the applicant’s face, neck, lower back and legs, as well as damage to several teeth. She also developed post-traumatic stress symptoms. She was unable to return to work until June 2009. The judgment said she remained vulnerable and anxious about confrontational duties, with residual depression and ongoing pain.
The judge found that the facial nerve pain was permanent and causally related to the assault. He accepted medical evidence that it was likely to require lifelong medication. The applicant’s dental injuries had required crowns and a bridge; the judge also considered long-term restoration of a discoloured upper incisor warranted on cosmetic grounds. Neck and back symptoms continued, but the court found they did not prevent her from carrying out her later work as a court presenter.
The respondent had relied on the applicant’s medical history, including earlier references to back discomfort. The judge was satisfied that the recorded symptoms before the incident did not amount to mechanical back pain caused by a back injury or condition. He also noted a separate assault in November 2013 that required shoulder surgery, but found that it had no material effect on the injuries in this claim apart from some worsening of neck symptoms.
Special damages of €14,373.54 had been agreed between the parties. The court added €6,500 for future dental care. General damages were €85,000 for past pain and suffering and €50,000 for future pain and suffering, producing the total award. The judgment records the assessment and award; it does not state a separate order on costs.