The High Court awarded former garda James Lynn €301,272.49 in compensation for injuries arising from an assault while on duty in 2001. The judgment, delivered by Ms Justice Irvine on 26 July 2012, also rejected his claim for earnings beyond age 60.
Lynn was injured on 23 June 2001 while releasing a prisoner detained overnight at a garda station. The prisoner turned and punched him in the left eye and forehead, knocking him to the ground. Lynn later experienced headaches and psychological symptoms, including post-traumatic stress disorder and depression. The court said his PTSD had abated before 2011, while his depression remained moderate and required ongoing medication and psychiatric care.
Lynn had been discharged from An Garda Síochána on ill-health grounds in 2004. He claimed he was unable to return to paid work and sought compensation for lost earnings. The respondent argued that he could have pursued modest employment or retraining after retirement from the force.
Justice Irvine found that Lynn was fit to pursue a return to work or retraining by about 2007. She accepted evidence that he briefly tried work at a filling station and attempted to become a driving instructor, but found those efforts did not meet his obligation to mitigate his losses. She also noted that he had not followed up on a letter seeking a place on a computer driving course.
The court nevertheless accepted that he would probably not have worked continuously from 2007, and reduced his past earnings claim from €148,629 to €100,000. It awarded €28,140 for earnings and €8,100 for gratuity up to age 60, allowing one third of the claim for that period. The court was not satisfied he would have worked beyond 60 and rejected that part of the claim.
The award comprised €80,000 for pain and suffering to date, €40,000 for future pain and suffering, €100,000 for past lost earnings, €28,140 for earnings to age 60, €8,100 for gratuity to age 60, €33,726 in medical expenses and €11,306.49 in miscellaneous damages. The judgment’s listed figures add to €301,272.49. The source gives no separate order on costs.